IMMIGRATION POLICY AND INTERNATIONAL STUDENT MIGRATION IN THE UNITED STATES
A DISSERTATION SUBMITTED TO THE FACULTY OF THE UNIVERSITY OF MINNESOTA BY
(JASMINE) TRANG PHAM DOAN HA
IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY
Elizabeth Heger Boyle, Jack DeWaard, Co-advisers
March 2019
© Jasmine Trang Ha 2019
Acknowledgements
I would like to express my deepest gratitude to my advisors, Liz Boyle and Jack DeWaard, without whom this dissertation research would never have been possible. Thank you for your support, guidance, and patience through the past seven years. To my committee members—Ann Meier, Rob Warren, and Ryan Allen—who have tirelessly offered their wisdom and support, I am grateful for having had the opportunity to learn from you.
I have also benefited from the mentorship of amazing scholars in the Department of Sociology and beyond. I would like to thank Phyllis Moen, Carolyn Liebler, Teresa Swartz, Michelle Phelps, Elizabeth Wrigley-Field, Lara Cleveland, Sula Sakar, Greta Friedemann-Sánchez, and Fran Vavrus for the timely and brilliant advices along the way.
I would also like to thank the staff in the Department of Sociology: Mary Drew, Kerri Deef, Ann Miller, Becky Drasin, Hilda Mork, Holly Schoonover. Thanks for your dedicated work to ensure that my graduate career run smoothly and to champion a supportive and friendly space on the 9th floor.
To my grad-friends, I am blessed to share this journey with you: Shi-Rong Lee, Joe Svec, Tanja Andic, Nicholas J. Wahutu, Andy Wu, Kevin Huang, Erin Hoekstra, Carolyn Fraker, Sarah Garcia, Maryia Bakhtsiyarava, Stephen Wulf, Alex Manning, Yagmur Karakaya, Suzy Maves McElrath, Chris Levesque, Isabel Arriagada, Sangyoo Lee—thanks for keeping me sane! To those who have walked the path earlier—Wenjie Liao, Erika Busse, and Meghan Krausch—thank you for your patience with my endless questions, and for being great friends.
My Ki-Aikido teachers and friends have helped me grow personally, concurrent with my journey through grad school. I extend my respects and gratitude to my teachers, Koichi Tohei Sensei, Shinichi Tohei Sensei, David Shaner Sensei, Jonathan Poppele Sensei, and Quang-Anh Nguyen Sensei. To my extended family of Ki-Akido practitioners, both in the United States and Vietnam, your dedication inspires me daily.
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I am blessed to have the unconditional love and support from my family. This dissertation is dedicated to them. To my parents and parents-in-law, who have been tremendously kind and supportive through these long seven years. To Kami, my little sister, who always helps me see the bright side with her contagious optimism. Lastly, and most importantly, to my twin soul and caring husband—Jason Nguyen, I could never thank you enough, for everything.
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Abstract
Prior research has noted several instances when immigration laws and policies might impact the migration patterns of international students; however, the effort to link international student research with the broader study of migration remains limited. One key limitation is the lack of data on international students that encompass multiple destinations or multiple time frames. As King and Raghuram (2013: 132) noted a recent review, “a more sophisticated quantitative analysis […] is also necessary if any kinds of causal relations are to be established.”
Accordingly, I curated the best available data on international students in the United States, through a Freedom of Information Act request and two restricted data licenses, which would enable large-scale analyses of international student migration patterns. My overarching hypothesis is that international students are vulnerable to the negative impacts of U.S. anti-immigration policies, both at the federal and the state level, because of their unique status as “side-door immigrants,” an in-between status between “desirable” and “undesirable” immigrants.
I examine empirical evidences of international students’ vulnerability with three analyses. First, I consider whether and how U.S. states’ anti-immigration policy may have spillover effects on the enrollment patterns of international students. Second, taking a historical view of changes in U.S. immigration policies since 1986, I consider how policy changes towards a crimmigration regime impact international students’ ways of staying, i.e., their transitions into subsequent migration statuses. Third, contributing to the understanding of localities as unique immigration destinations within the United States, I provide a baseline estimate—the first of its kind—of lifetime retention of international students in their first study location, relative to other U.S.-educated immigrants. My results suggest that international students are indeed vulnerable to anti-immigration policies. By destabilizing the discrete categorization of immigrants, the “side door” framework facilitates future efforts to theorize and analyze unintended, or spillover, policy effects. This is essential for understanding the experiences of all temporary immigrants at the side door relative to policy change.
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Table of Contents
Acknowledgements ...... i Abstract ...... iii Table of Contents ...... iv List of Tables ...... v List of Figures ...... vi Chapter 1. Introduction ...... 1 Chapter 2. Will they come anyway? Effects of U.S. state immigration policies on international student enrollment, 2001-2015...... 9 Chapter 3. Ways of Staying: Immigrant Status of International Student-Stayers and Its Variations over Cohorts and Education Trajectories ...... 52 Chapter 4. Retaining Foreign-Born Students in Local Economies Post-Graduation ...... 99 Chapter 5. Conclusions ...... 140 Bibliography ...... 146 Appendix ...... 162
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List of Tables
Table 2.1. Descriptive statistics of variables used in analysis ...... 47 Table 2.2. Analyses of international student enrollments, 2001-2015 ...... 48 Table 2.3. Alternative specifications for Model 1 ...... 49 Table 2.4. Analyses for subsets of international student enrollments ...... 51 Table 3.1. Descriptive statistics of variables used in analysis ...... 91 Table 3.2. Logistic regressions predicting LPR status (relative to temporary visas) ...... 93 Table 3.3. Logistic regressions predicting naturalization (relative to LPR status) ...... 96 Table 4.1. Type of immigrant destinations ...... 132 Table 4.2. Descriptive statistics of variables used in analysis ...... 133 Table 4.3. Logistic regression predicting the odds of moving out from first study location (U.S. state) ...... 135 Table 4.4. Multinomial logistic models predicting the odds of moving into traditional and non-traditional states...... 137 Appendix A. Sensitivity analysis for Model 1 and Model 2 in Table 2.2...... 163
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List of Figures
Figure 2.1. The side door of immigration ...... 44 Figure 2.2. Heterogeneity among international students ...... 45 Figure 2.3. Changes in international student enrollments, 2001-2015 ...... 45 Figure 3.1. Presence of student-stayers in the United States foreign-born SHE workforce, 2003-2013 ...... 88 Figure 3.2. Predictive margins showing interaction effect of entry cohort and years since entry on LPR status ...... 89 Figure 3.3. Types of student-stayers by entry cohorts ...... 90 Figure 4.1. Location change between first U.S. study destination and current location among U.S.-educated foreign-born SHE population ...... 131
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Chapter 1. Introduction
In October 2015, The New York Times ran a story on the growing number of international students “finding American dreams” in Flint, Michigan (Young 2015). On one hand, this is surprising because, in many ways, Flint is the opposite of what comes to mind when one thinks of major destinations for international students. Flint, a city 60 miles northwest of Detroit, does not house a world-class university, and is perennially in the news for issues and problems related to public safety and services, including, most recently, high lead levels in the city’s water supply (Haimerl and Goodnough 2016). On the other hand, international students’ reason for choosing Flint is simple: they see a relatively affordable opportunity to pursue an education in the United States, which, in turn, might lead to employment and permanent residence in the country.
In many ways, the story of Flint echoes the experiences of several U.S. states and cities in the past few decades. Places that have little to no experience with international education, and with international migration generally, are getting a relatively large influx of students (Frey 2005; Massey and Capoferro 2008; N. Ruiz 2014). Against the backgrounds of consistent and severe cuts in public funding to higher education (e.g., see
Slaughter and Rhoades 2004) , international students who typically pay full tuition and fees provide an important source of income for American universities and colleges to balance the coffers. The influx of international students, as such, has been welcomed as an important economic force that helps supporting not only higher education institutions but also local economies.
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The positive economic aspects of international student have thus motivated U.S. states to adopt policies to attract and retain international students, forming organizations such as Study Alabama and Study Minnesota. These are international education consortia
(IEC), which are formal partnerships between the state governments and local universities and colleges, to attract international students. To date, IEC are active in 24
U.S. states. In terms of retention, a number of U.S. cities, such as Detroit, Michigan and
St. Louis, Missouri, and one U.S. state, Ohio, introduced policies to facilitate the transition from international education to employment or entrepreneurship (Etzcorn and
Tobocman 2016; Farkas 2015; Khalid 2017).
Alongside positive policies for attraction and retention, the story of Flint also exposes several problematic connections where international students brush against immigration laws and policies. The first connection is the idea of international student as a “semi-finished” immigrant (Khadria 2001). Similar to how international students in
Flint expressed their desire for becoming skilled immigrant workers in the United States, several studies have defined international students as future skilled immigrants who are on a “study-migration” pathway (Findlay et al. 2016; Hawthorne and To 2014; Robertson
2013). In other words, they emphasize international education as a process in which
(some) students become skilled immigrants, if they choose to do so after graduation. The limitation of this idea is that it neglects the experience of international students as immigrants during the pursuit of education. Although international students spent several years living in a foreign country, they do not fit neatly into any category of immigrants.
For example, international students are authorized to work part-time, but they are not fully labor immigrants (Findlay et al. 2016). Due to this conceptual shortcoming, existing
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research has remained silent about how social and political structures that regulate immigration, such as immigration policies, are linked to the migration patterns of international students (King and Raghuram 2013, 2013; Riaño, Van Mol, and Raghuram
2018). There are nascent concerns that an increasingly restrictive immigration policy context, both in the United States and in other developed immigrant-receiving countries around the world, will scare incoming international students away (Riaño, Lombard, and
Piguet 2018; Wermund 2018), yet these claims remained untested.
The second connection is the idea of international students as individuals of
“doubtful” values (Riaño, Van Mol, et al. 2018). As the majority of international students comes from less developed countries, and some are seeking a more permanent stay through employment, prior research has noted public and political discourses of international students as law-circumventing individuals who will likely overstay their welcome (Levatino et al. 2018; Lomer 2018). Doubts are heightened as some students manage to stay through unexpected paths. For example, although international students are typically expected to transition to employment for permanent stay, a study in 2010 finds that most international students who become legal permanent residents in the
United States do so via marriage with a U.S. citizen (Jasso et al. 2010). Others chose to start their international education early, such as in non-degree English intensive programs in the United States, hoping that more exposure to the U.S. education system and culture will enhance their chances at future education and migration (Clark 2012; N. Ruiz 2014).
These “doubtful” strategies have been used to advance the political agenda for evermore invasive immigration enforcement efforts against students (e.g., see Feinstein 2011).
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The third connection is that international students likely impact multiple destinations. When international students show up in Flint, the concern is whether and how Flint can absorb these future skilled immigrants, thus assuming that they do not intend to move elsewhere within the United States. A few studies have pointed out that this mode of binary thinking (stay or leave) is limited, highlighting the increasingly inter- connectedness of student-receiving destinations. For example, in a study of international students in Europe, Van Mol (2013) finds that international students dispersed across countries in the European Union after graduation, oftentimes ending up in countries that are neither their home nor their education destination. To date, it is unclear what factors are implicating these onward migration patterns.
Researchers who study international student migration are well-aware of these connections; however, the effort to link international student research with the broader study of migration remains limited. The gap between two lines of research is increasingly consequential, as international students are one of the fastest growing groups of immigrants globally in the past few decades (Findlay 2011; Kritz 2006). At the same time, restrictive immigration policies are spreading both globally and at several sub- national units (Bhagwati 2003; Czaika and de Haas 2013; Stumpf 2007), casting a shadow of fear over international students whose migration intentions remain dubious in the eye of policy-makers.
One key limitation is the lack of data on international students that encompass multiple destinations or multiple time frames. Qualitative studies have given depth and complexity to the students’ experiences and their subjectivities, however, as King and
Raghuram (2013: 132) noted a recent review of the literature, “a more sophisticated
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quantitative analysis […] is also necessary if any kinds of causal relations are to be established.” Such an effort will also provide important insights for policy debates in both international education and migration.
Accordingly, my work in this dissertation uses a quantitative approach to shed light on the reality of international student migration. As I bridge the gap between international student research and the broader study of migration and of migration policies, my goal is to incorporate some theoretical complexity around international students that qualitative research has uncovered, while analyzing large-scale and representative samples of international students. In the process, I also curated the best available data to date on international students in the United States, through a Freedom of
Information Act request and two restricted data licenses.
In three empirical chapters, which I develop as stand-alone research papers, I address three questions on the relationship between migration policies and migration patterns of international students in the United States. First, I consider whether and how
U.S. states’ anti-immigration policy may have spillover effects on the enrollment patterns of international students. Second, taking a historical view of changes in U.S. immigration policies since 1986, I consider how policy changes towards a crimmigration regime
(Beckett and Evans 2015; Stumpf 2008) impact international students’ ways of staying, i.e., their transitions into subsequent migration statuses. Third, contributing to the understanding of localities as unique immigration destinations within the United States
(Frey 2005; Kritz, Gurak, and Lee 2011; Massey and Capoferro 2008; Singer, Hardwick, and Brettell 2008), I provide a baseline estimate—the first of its kind—of lifetime
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retention of international students in their first study location, relative to other U.S.- educated immigrants.
Drawing from crimmigration research (Beckett and Evans 2015, Stumpf 2008) as well as studies of spillover policy effects (Aranda, Menjívar, and Donato 2014), my overarching thesis is that international students are vulnerable to the negative impacts of
U.S. anti-immigration policies, both at the federal and the state level, because of their unique status as “side-door immigrants,”1 a theoretical concept I elaborate in Chapter 2.
If legal permanent residents (LPRs) are welcomed into a country through a front door, with a clear path to citizenship and full right to stay, while undocumented immigrants are perceived as slipping through a back door, circumventing border control efforts, then international students are somewhere in between. I further place different types of international students on a continuum of desirability, indicating their proximity to either the front or back door. Using this conceptual framework, I argue that being a “side door” immigrant for several years makes international students susceptible to spillover effects from restrictive immigration policies. This is manifested in the students’ resulting migration patterns, including their choice of first study destination, their pathways towards the front door of immigration, and their onwards migration patterns within the
United States. In Chapter 2, I deploy a unique set of data containing enrollment in pairs of 113 origin countries and 51 U.S. destination states over a 15-year period, and my statistical analysis confirms the negative spillover effects of anti-immigrant state-level policies on enrollment.
1 This analogy is borrowed from research that demarcates different spaces of immigration status (e.g., see Zolberg 1989).
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While Chapter 2 focuses on the enrollment of new international students, in
Chapter 3 and 4, I turn my attention to stayers and examine patterns of long-term international student retention. Chapter 3 is devoted to understanding the factors that sort student-stayers into different migration statuses: temporary visa, LPR, and naturalized citizenship. I examine these long-term migration outcomes over two dimensions: entry cohorts and educational trajectories. Borrowing the age-period-cohort analysis framework from life course research (Keyes et al. 2010; Luo 2015; Ryder 1965), I propose that one way to examine the changing meaning of migration status relative to the national policy context is to consider how status composition varies by the timing of first entry, or variation by entry cohort. My analyses reveal that student-stayers who enter the
United States in periods with more restrictive national policy context are more likely to obtain LPR status, signifying a defensive move to affirm their right to stay in volatile policy context.
In Chapter 4, I consider to a broader phenomenon: the retention of foreign-born students in new U.S. destination states. Several U.S. new destination states, which have little to zero experience with hosting immigrants, have invested in the efforts to retain international students as skilled workers. My statistical analysis in this chapter establishes a baseline expectation, providing a historical view of foreign-born student retention before these policies came into action. Using a nationally representative sample of foreign-born students among U.S. scientists and engineers, I find that more than half of
U.S. foreign-born students leave their first study location, and former international students are particularly more likely to leave. These fluid patterns of onwards migration suggest that state retention policies could be fruitful, not only in retaining their own
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students, but also attracting students from other destinations, especially when they provide a pathway for international students to transition into employment.
I conclude the dissertation with a discussion of the implications of the three studies for our understanding of international student migration relative to the broader immigration policy contexts. In particular, the fluid nature of the international student status provides an important opportunity to recognize and remedy the rigid understanding of immigrant categories as discrete and separate. By dispelling the rigid categorization, this work advances the field away from the historical obsession with the social, economic, and political dimensions of migration (King 2002, Findlay et al. 2016,
Hollifield 1992) and into a more nuanced understanding of immigrants’ lived experiences.
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Chapter 2. Will they come anyway? Effects of U.S. state immigration policies on international student enrollment, 2001-2015.
2.1 Introduction
Anti-immigration rhetoric and harsh policies following the 2016 U.S. presidential election sparked debates over the negative spillover effects of such discourses and actions on international student enrollments in American universities and colleges (Wermund
2018). A sharp decline in college applications from overseas students was documented for the 2016-17 academic year (AACRAO 2017; Smith 2017). In the same year, enrollments of international students suffered a 3.3% drop—a slight yet alarming decline, as it ended a steady 12-year period of growth (Bothwell 2018; IIE 2017). Such news raise concerns that anti-immigration policies may cause students to abandon the United States for other study destinations.
While recent federal actions are currently in the news, the debate echoes similar earlier concerns about harsh immigration policies at the state level. In 2010, when
Arizona passed SB 1070, a state law that criminalizes undocumented immigrants and allows the police to check the immigration status of anyone suspected of being undocumented, University of Arizona president Robert Shelton opined that the law could impact the “health and safety of our international students” and undermine efforts to attract “the best and brightest students to Arizona” (Kotok 2010). He, like others
(Archibold 2010), took issue with the immigrant profiling and discrimination likely to emerge from the harsh law.
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These concerns highlight important, yet unresolved, questions for research on anti-immigration policies—namely, whether and how such policies have spillover effects on immigrants that states are trying to attract. Two lines of research offer opposite predictions of anti-immigration policies’ effect on international student enrollments.
Theories of immigrant selection (Borjas 1987; Chiswick 1999; Sjaastad 1962) posit that policies can selectively target distinct groups, simultaneously deterring “undesirable” immigrants (such as poor, undocumented ones) while attracting “desirable” ones (such as graduate students attending major universities). From this perspective, other incentives for desirable immigrants should outweigh anti-immigration policies. In contrast, much research on immigration enforcement policies in the U.S. has documented several ways policies aimed at policing, criminalizing, and punishing undocumented immigrants generate tensions and hostilities towards the immigrant population as a whole (Allen and
Ishizawa 2015; Coleman 1988; Filindra, Blanding, and Coll 2011; A. Leerkes, Varsanyi, and Engbersen 2012; Varsanyi et al. 2012). These tensions and hostilities can cause immigrants to flee those states and cities (Ellis, Wright, and Townley 2016). Adopting this logic, it is not difficult to imagine that anti-immigration policies could cause a decline in international student enrollments.
I argue that the key to resolving these two conflicting perspectives lies in recognizing that legal status and immigrant desirability do not overlap perfectly. In this chapter, I adopt the definition of international students as “student-migrants” (King and
Raghuram 2013), which prioritizes their lived experiences as temporary immigrants
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while pursuing education in a foreign country.2 Drawing from research that demarcates different spaces of immigration status (e.g., see Zolberg 1989), I develop a framework for
“the side door of immigration,” which denotes the fluid space that temporary immigrants occupy. If legal permanent residents are welcomed into a country through a front door, with a clear path to citizenship, while undocumented immigrants are perceived as slipping through a back door, circumventing border control efforts, then international students are somewhere in between: the side door. One could view students as future skilled immigrants (L. Hawthorne 2010; Hazen and Alberts 2006; Khadria 2001; King and Raghuram 2013), which means they are often encouraged to transition towards legal permanent resident (LPR) status, or the front door, if they choose to stay. However, any visa violation formally pushes students towards the back door of undocumented status. I argue that being at the migration side door for several years contributes to international students’ vulnerability, making them particularly susceptible to negative spillover effects from state anti-immigration policies.
In this chapter, I empirically test this idea by assessing the impact of both student recruitment programs (international education consortiums, or IECs) and anti-immigrant policies, in the form of Omnibus Immigration Legislation (OIL), on international students’ choices of study destinations in 50 U.S. states and the District of Columbia
(hereafter, 51 states). I study international student enrollments from 2001 to 2015 using a unique longitudinal data set constructed from student visa information. Results from negative binomial regressions support the idea of a spillover effect of anti-immigrant policies. My findings indicate that state IECs are not associated with increases in
2 Duration is typically longer than one year, which fits the statistical definition of a migrant.
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international student enrollments, net of other factors. State OILs, however, are associated with declining student enrollments over time.
To further unpack the analogy of the side door in the context of this chapter, I use the idea of the “best and brightest” (Kapur and McHale 2005) to consider students’ proximity to the front or back doors along a desirability continuum based on two factors: their prestige and their skill. Prestige refers to the reputation of the schools in which international students are enrolled. Skill refers to the degree(s) being pursued. A student who is enrolled in a high prestige school for a graduate degree is thus closer to the front door of immigration. In contrast, a student who attends a non-degree program at a low prestige school is closer to the back door. Partially supporting this theoretical idea, my findings show that only the very top students enrolled in prestigious graduate programs are insulated from the spillover effect of state immigration enforcement policies. This is concerning because other enrollments, including graduate students outside of top schools and undergraduate students in prestigious schools, decline following the adoption of OIL.
2.2 Background
2.2.1 International students & state recruitment policies
The number of international students in the United States has increased rapidly in the past two decades, surpassing one million in the 2015-16 academic year (Institute of
International Education (IIE) 2016). Further, the number of places and institutions of higher education hosting international students has also expanded. Enrollment has grown
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rapidly in states that do not have prior histories with global education, such as Alabama or Nebraska (N. Ruiz 2014).
U.S. states have an interest in recruiting international students because of their short- and long-term economic contributions to state economies. Public colleges and universities have faced multiple severe budget cuts in the past few decades (Slaughter and Rhoades 2004), and international students—who pay full tuition and fees for their entire degree duration3—provide much-needed profits to help balance university coffers.
Some policymakers further comment on how students contribute to the state economies via their consumption while studying (Fischer 2011). If they chose to stay, students also have the potential to become high-skilled laborers and entrepreneurs, who can integrate more easily into a state’s social and cultural fabric than complete newcomers (L.
Hawthorne 2010; Hazen and Alberts 2006; Lloyd 2014; Seitz 2014). Additionally, internationalization—the process of integrating international dimensions into higher education—has become a bigger part of many university ranking schemes (Altbach and
Knight 2007; Stromquist 2007); thus, having more international students can help to boost school rankings.
Not surprisingly, and for a host of reasons, U.S. states began adopting policies to encourage international student enrollment as early as 2003. These typically take the form of an “international education consortium” (IEC), which is a formal partnership between state governments4 and their local institutions of higher education. These partnerships form the basis for outreach efforts, often pooling resources to represent the
3 The amount is similar or higher than out-of-state tuition, but unlike Americans, international students cannot convert to resident tuition brackets. 4 Typically, the state department of economics and/or the state department of international trade.
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state as a unique destination to potential students (Fischer 2011). When a state IEC reaches out to international students, e.g., at recruitment events, they seek to convince students to come to their state, and not others. To date, 24 U.S. states have established
IECs, including both traditional international student destinations, e.g., such as
California, and new destinations like Minnesota and Iowa. Despite the growth of IECs, their effectiveness has never been systematically examined.
2.2.2 International students and state immigration enforcement policies
In the past two decades, U.S. states have also become more involved in efforts to curb undocumented immigration, giving rise to several state immigration enforcement policies that create unwelcoming and sometimes hostile contexts for immigrants (Allen and
Ishizawa 2015; Coleman 1988; Filindra et al. 2011; A. Leerkes et al. 2012; Varsanyi et al. 2012). While the admission of immigrants remains under the authority of the federal government, state immigration policies influence immigration enforcement (Stumpf
2008; Varsanyi et al. 2012). Some states have introduced verification obstacles for immigrants seeking employment or public services (Rosenblum and Hoyt 2011) and, for children of immigrants, access to public education (Filindra et al. 2011). These initiatives cumulate into a phenomenon called “borders behind the border” (Leerkes, Bachmeier, and Leach 2013; Arjen Leerkes, Leach, and Bachmeier 2012), as they make life so difficult for immigrants and their families that immigrants may choose to “self-deport.”
Research has found no consistent effect of those policies on the undocumented immigrant population (e.g., see Massey 2013); yet there is some evidence for spillover effects, such as resulting racial tensions pushing Latino immigrants, including documented ones, away
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from such states (Amuedo-Dorantes and Pozo 2014; Bohn and Pugatch 2015; Ellis et al.
2016).
Omnibus Immigration Legislations (OILs), spearheaded by Arizona SB 1070, stand above the rest as the “toughest” (Archibold 2010), rivaling the forms of anti- immigration rhetoric and policies pushed by the Trump administration. OILs criminalize immigrants’ failure to produce documentation of legal status, meaning it is a crime if one forgets to bring their passport and relevant forms with them at all times. Further, as critics have pointed out, these laws inevitably lead to racial profiling of non-citizens (Nier et al.
2012; Romero 2006; Sadowski-Smith and Li 2016; Selden, Pace, and Nunn-Gilman
2011). Given their wide reach and potentially criminal implications, these laws could have a negative spillover effect on international students, as noted by University of
Arizona president Robert Shelton. While its detrimental effects continue to be debated, legislation similar to SB 1070 has subsequently been enacted in Alabama, Georgia,
Indiana, South Carolina, and Utah in in recent years (Wallace 2014). Notably, some states, such as Alabama, have both OIL and IEC.
2.3 The side door of immigration: How does migrant desirability overlap with legal status?
Modern policy regimes in major immigrant-receiving countries tend to center on two goals: attract desirable immigrants and deter undesirable ones (Bhagwati 2003; Castles
2004). Immigrant desirability is often conflated with legal immigration status; as reflected in the language of President Clinton (1993: 1194), the U.S. “must say no to
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illegal immigration so we can continue to say yes to legal immigration.” Accordingly, decades of research have examined policies examining each of the two goals, namely the success of policies to attract skilled immigrants (e.g., see Antecol, Cobb-Clark, and Trejo
2014) and the (in)effectiveness of deterrence policies (e.g., see Massey 2013). There is surprisingly little research on how the two goals might be at odds with each another.
In this chapter, I argue that the gap in research results from thinking of desirability and legal status as discrete concepts. A growing number of immigrants, such as international students and guest workers, live and work on U.S. soil without permanent immigrant status (Lowell 2001). Although these immigrants—legally categorized as non- immigrant visitors, or NIVs—are welcomed, their rights to work and stay are much more limited than those of LPRs. NIVs can make the U.S. their permanent home by becoming
LPRs, but the process is typically plagued with mounting requirements, obstacles, and delays (Jasso et al. 2010; Lowell and Avato 2014). To the extent that desirability is a moving array of requirements and becoming an LPR is a lengthy process, I argue that considering the two as overlapping continua helps elucidate the conditions of international student migration.
To capture how these two continua overlap, I propose the concept of “the side door of immigration” to demarcate the space that international students and other NIVs occupy while being in the United States. A similar analogy of doors is sometimes used to describe different groups of immigrants according to the legality of their immigration statuses at entry (Cornelius et al. 1994; Zolberg 2008). As shown in Figure 2.1, LPRs come through the front door, meaning they have full rights to stay and naturalize into
U.S. citizenship. Undocumented immigrants come through the back door and stay
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without an authorized legal status. Those entering through the side door hold NIV status.
Since the early 1990s, the number of side-door immigrants in the United States has been growing in both number and complexity (Castles 2000; Lowell 2001).
---FIGURE 2.1 HERE---
Importantly, Figure 2.1 shows that legal status and immigrant desirability do not overlap perfectly. The line that demarcates authorized status includes immigrants both at the side door and at the front door. Desirability, as indicated by the shaded bar – where a lighter shade means more desirable – shows the extent to which a temporary immigrant is welcome to become a permanent member of the host society. Most countries want more high-skilled workers, and to some extent, “the best and brightest” international students
(Kapur and McHale 2005). Low-skilled workers and asylum seekers are much less welcome to stay (Hatton 2009; Hollifield 2004). Asylum seekers who are granted
Temporary Protected Status (TPS) can live and work in the United States, but only temporarily (Warren and Kerwin 2017). Although the current chapter focuses on international students, the side door of immigration has relevance for understanding the experiences of other categories of migrants who hold “in-between” statuses.
Within the side door, Figure 2.1 shows four examples of NIVs on the continuum of desirability, ordered by their proximity to the front door: high-skilled workers, students, low-skilled workers, and asylum seekers. Proximity to the front door indicates how easily a migrant can transition into permanent immigrant status. Studies of international students sometimes refer to this process as a “two-step migration” (L.
Hawthorne 2010), or an “education to migrate” pathway (Baas 2010; Robertson 2013).
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While at the side door, students also risk falling into the back door: for example, any criminal offense will lead to visa revocation.5 Thus, side-door immigrants experience both an opportunity to transition towards the front and a risk of falling into the back door.
While it is debatable whether all LPRs are “desirable” and all undocumented immigrants are “not desirable,” I did not include the front and back doors of immigration in the desirability continuum, because desirability does not impact immigrants’ current and future status in these two spaces. LPRs can become naturalized U.S. citizens with few additional requirements (Bloemraad 2006a), while undocumented immigrants have limited paths to legal status, regardless of their actual skills or education credentials
(Donato and Massey 2016). Thinking about desirability as a continuum between the front and back door of immigration enables us to understand the predicament of international students relative to both the front and back door. In the U.S. case, as the effort to tighten the back door intensifies, ripple effects might touch those at the side door.
Further, this continuum also operates within immigrant groups, such that desirability, marked by immigrants’ potential contributions to U.S. society, further differentiates international students by at least two additional dimensions: skill and prestige. As shown in Figure 2.2, skill is reflected in the degrees the students are seeking, and prestige refers to their schools’ reputations. Graduate students pursuing Doctorate and Master’s degrees meet the typical definition of skills based on education credentials
(e.g., see Czaika and Parsons 2017). Thus, they might have a better chance at securing employment and transitioning towards LPRs, if they choose to stay. It is estimated that
5 Students who leave due to visa revocation are typically unable to enter again through the side or front door.
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between 50 and 70 percent of international doctoral students stayed in the United States after graduation (Finn 2014). Students seeking Bachelor’s degrees are in the middle, while students in non-degree programs are closest to the back door.
---FIGURE 2.2 HERE---
The first quadrant (Q1) includes students in the highest degrees attending high prestige schools. This group is closest to the front door. The fourth quadrant (Q4) represents students with the lowest skills in low prestige schools. This group is closest to the back door. The second and third quadrants (Q2 and Q3) represent those in the middle, who are neither closer to the front nor back door.
2.4 Immigration enforcement policies and spillover policy effects
2.4.1 Crimmigration and immigrants’ vulnerability
Using the side door continuum, it is then possible to connect international students to potential spillover policy effects. As U.S. states and localities became increasingly active in making their own immigration enforcement policies, several studies have warned about their negative effects on the overall immigrant population (Aranda et al. 2014;
Leerkes et al. 2013). The effects of policies for specific groups of migrants are less clearly theorized (Armenta 2017), although many studies have focused on the case of
Latinx immigrants, suggesting that racial profiling is an inevitable outcome of enforcement policies and is the main culprit for creating an “underclass” of immigrants
(Massey and Pren 2012a:15) vulnerable to discrimination (Ellis et al. 2016; Hernández
2008; Romero 2006).
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With the side door analogy, this chapter connects the idea of vulnerability to one’s legal status as a documented but temporary migrant. I further draw on the concept of
“crimmigration,” which denotes the integration of the criminal justice system into the immigration enforcement system in a quest to deport “criminal aliens” from U.S. soil
(Beckett and Evans 2015; Stumpf 2008). International student’s temporary migrant status makes them vulnerable in encounters with crimmigration regimes. This unique form of vulnerability is a potential mechanism for understanding why international students might experience negative spillover effects from anti-immigration policy. Within a crimmigration system, consequences for immigrants who are marked with a criminal record are severe: detention, deportation, and future inadmissibility.6 Following deportation, migrants’ families are disrupted, their lives upended. Immigrants themselves have few legal protections because due process and many legal provisions available in the U.S. criminal justice system do not apply to non-citizens (Hernandez 2005). On top of immigrant enforcement, the crimmigration system also broadens the list of offenses that criminalize immigrants (Stumpf 2006). Crimes that are deemed minor for U.S. citizens become grounds for detention and deportation proceedings for immigrants (Hernandez
2005).
State OILs go one step further by making it a crime for non-citizens who fail to produce documentation of their legal status when asked by law enforcement. As critics have pointed out, OILs inevitably lead to racial profiling (e.g., see Archibold 2010, Nier et al. 2012). Beyond race, other factors also contribute to a migrant’s vulnerability:
6 Inadmissibility means that an immigrant with a deportation record will not be able to obtain a new visa if they apply in the future.
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whether one speaks a foreign language, whether one speaks English with an accent, one’s occupation, one’s place of residence, etc. (Romero 2006; Sadowski-Smith and Li 2016;
Selden et al. 2011). Recent studies confirm that even documented immigrants are leaving states with OILs (Amuedo-Dorantes and Pozo 2014; Bohn and Pugatch 2015; Ellis et al.
2016), which means that immigrants may avoid certain destinations where they fear being targeted.
Against this backdrop, losing legal status is a highly consequential loss for international students. The risk of visa revocation means that international students might not finish their degree program(s); thus, their financial and time investments are forfeited.
At the same time, a visa revocation record makes it difficult, if not impossible, to migrate elsewhere. Similar to other side-door immigrants, international students have limited access to civil, social, and political rights to combat the threat of crimmigration (De
Giorgi 2010). In a recent study based on a survey and in-depth interviews, many international students expressed concerns about dealing with U.S. immigration policies that are both complex and restrictive (Han et al. 2015). Students’ interactions with the law are further complicated by discrimination, which can happen both on and off campus
(Brown and Jones 2013, Hanassab 2006, Lee and Rice 2007).
Even before coming into the United States, existing research suggest that prospective international students are highly agentic in choosing their study destinations, weighing different factors including cost, quality, and lifestyle (Bodycott 2009; Mazzarol and Soutar 2002). With respect to the aim of this chapter, one particularly important expression of agency is avoidance of certain destinations where the policy context is antagonistic. Given that state OILs have a wide reach with severe implications, they
21
might become a factor in students’ considerations. Prospective international students could be aware of state OILs, such as SB 1070, received considerable international coverage: countries throughout Central and South America criticized the law, and two countries (El Salvador and Mexico) issued travel warnings to their citizens traveling to the U.S. (Totenberg 2012). As such, my first hypothesis (H1) predicts that states that enact an OIL will have lower internationals student enrollments, compared to its pre-OIL enrollments.
Further, students with more knowledge of state immigration enforcement policies could likely avoid the hostile contexts. As outreach and promotion are key features of state IECs, they could become unintended channels that make students aware of both the positive and negative conditions. My second hypothesis (H2) therefore predicts that the effect of OIL will be negative when IEC is present (that is, a negative interaction effect).
2.4.2 Immigrant selection theories and immigration categorization
With respect to the two sides of the debate, opponents of spillover policy effects focus on the fact that international students who hold proper immigration status should not be worried about immigrant enforcement (for example, see Babones 2017). This view has its roots in the theories of immigrant selection, which provide the null hypotheses for my analysis.
The idea of immigrant selection rests firmly on the distinct categorization of immigrants and how potential immigrants in each category respond to the specific costs and benefits—also known as pull factors—of migrating to a specific destination (Bartel
1989; Bartel and Koch 1991; Borjas 1987; Funkhouser and Ramos 1993). The pull
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factors relevant to international students, as a category of immigrants, are identified along the primary nexus of their activities in the host society: education, and to a lesser extent, employment. Several studies have examined students’ destination-choice, taking countries as distinct destinations, and found that both educational factors, e.g., capacity and prestige of a destination’s higher education system, and non-education ones, e.g., economic conditions, have significant impacts on students’ destination-choice (Beine,
Noël, and Ragot 2014; Bessey 2012; Levatino 2015; Rosenzweig 2006; Shields 2013).
Economic conditions matter because many international students work part-time to gain experience and/or to help defray the high cost of international education (Baas 2010;
Raghuram 2013), while some also hope to transition towards permanent migration through employment after graduation (L. Hawthorne 2010; Robertson 2013; Wadhwa et al. 2009).
This notion of specificity extends into studies of immigration policies. In particular, economic theories of immigrant selection argue that distinct categories of immigrants respond to policy incentives and disincentives that target them (Borjas 1987,
2016). At the macro level, policies are seen as an instrument to alter the composition of the immigrant population, with the goal to increase favorable selectivity, indicated by a higher proportion of high-skilled immigrants (Chiswick 1999). Policies can achieve this goal by making it difficult for all immigrants to migrate, and then lowering the costs only for desirable ones. The point-based systems in Canada and Australia are clear examples of this approach, where only the top-ranked immigrants—based on their professional skills, language proficiencies, and other criteria—are admitted to legal permanent residency (Antecol et al. 2014; Tani 2014). The skilled worker visa (also known as the
23
H1-B visa) in the United States imposes similar selection criteria, though less explicit and with a more convoluted path towards permanent immigration (Czaika and Parsons 2017;
Jasso et al. 2010).
Based on the implicit categorization of international students as a desirable group of immigrants, the immigrant selection perspective would predict that a potential student only responds to policies that directly provide an incentive or disincentive for them. State
IECs provide such incentives by equipping students with information about the admission process and living conditions at the destination. As such, theories of immigrant selection predict that: (H3) IECs have a positive effect on overall international student enrollments.
The effectiveness of IECs, however, is debatable, as research also distinguishes between “supply-” and “demand-driven” policies (Chaloff and Lemaître 2009). While supply-driven policies, such as a point-based system, tend to set period-specific targets for immigrant admission, demand-driven policies accept as few or as many immigrants that the country needs, for instance, by requiring a job offer prior to granting entry. State
IECs resemble demand-driven policies in that they provide only information and minimal support for potential students, with the hope that more students will come. According to current research, demand-driven policies tend to not increase immigration flows (Chaloff and Lemaître 2009; Czaika and Parsons 2017). Accordingly, this perspective provides a null hypothesis for H1, suggesting that state IECs will not influence international student enrollments.
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Further, as immigrant selection theories rest on the assumption that immigrants only respond to policies that target them, it also provides a null hypothesis for the first hypothesis (H1), such that state OILs will not influence international student enrollments.
For example, Borjas (2016) argues that policies aimed at stopping lower-skilled workers, and particularly undocumented ones, will not undermine the attractiveness of the U.S. to prospective high-skilled migrants. When both types of policies are present, immigrant selection theories suggest that the incentive policy will fully offset the negative effect of enforcement policy. The fourth hypothesis (H4) predicts that when OIL and IEC co-exist, international student enrollments will increase or stay the same.
2.4.3 Heterogeneity among international students
While relatively less common, some critics holding the immigrant selection perspective
(e.g., see Babones 2017) argue that “fraudulent” international students, characterized as those attending “phony” schools and non-degree programs (Feinstein 2011), are the only ones who got scared away by harsh immigration policies. In other words, the argument modifies the categorization to include only students with an “earnest” intent to study.
I do not take this argument wholesale, as it would be impossible and unreasonable to generalize a student’s intention based on school prestige and level of education.
However, I think this underlying sentiment—judging students as “fraudulent” based on their education programs—might influence student’s destination-choice. If a potential student knows that they will be met with suspicion, they might feel especially more vulnerable of the U.S.’s crimmigration complex, and as such, they might choose to avoid
U.S. states whose immigration laws expose them to harsher enforcement efforts. In
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section Three and Figure 2.2 above, I have shown that international students can be further divided into four quadrants, which map sub-groups of students to different levels of desirability, and related, their proximity to the back versus the front door if immigration. Stemming from the above perspective, my fifth hypothesis (H5) predicts a negative spillover effect of state OILs on students closest to the back door, i.e., those in the fourth quadrant (Q4). Those in the other three quadrants, who either attend traditional degree programs and/or prestigious schools, are less likely to be viewed as “fraudulent” students, and as such, my sixth hypothesis (H6) predicts that there is no negative spillover effect on the other three quadrants (Q1, Q2, and Q3) that are closer to the front door.
2.5 Data and Methods
2.5.1 International student enrollment data
To examine the above hypotheses, this study uses administrative records from the
Student and Exchange Visitor Information System (SEVIS) database to capture international student enrollments from 113 different origin countries into 51 U.S. states. I obtained data through a Freedom of Information Act (FOIA) request, filed with
Immigration and Customs Enforcement (ICE), an agency under the Department of
Homeland Security (DHS).7 As every student must obtain a visa to enter the United
States, administrative records provide an excellent opportunity to understand the experience of all international students. Full coverage of the international student
7 In my FOIA request, I asked for information attached to students’ I-20 forms. For international students entering the United States with an F-1 or M-1 visa, the I-20 form contains information about the academic programs that they enroll in. While a student might obtain multiple visas if they frequently exit and reenter the U.S., all records are ultimately tied to a single I-20 form, which is uniquely identified by a SEVIS identification number. This reduces the risk of over-counting enrollments.
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population ensures that estimations of policy effects are more reliable, and is also a major advantage over previous studies, which typically rely on non-random and non- representative samples of students (Han et al. 2015; Wadhwa 2016).
While administrative data are excellent in coverage, the acquisition process is uncertain and time-consuming, and the data contain unmeasurable errors (Greenberg
2016; N. Ruiz 2014). Administrative data are not collected for research purposes; therefore, researchers must know the visa-granting and maintenance processes in order to ask for the correct variables. Further, the very structure of the SEVIS database raises additional possibilities for misidentifying the entry location and for over-counting students. SEVIS is constantly updated, meaning that new information is entered as students make changes to their study programs, which can range from major changes
(e.g., transferring to a different school) to minor changes (e.g., adding a minor field of study). As such, a snapshot of SEVIS in time could reflect the student’s updated location instead of the initial one. To minimize this error, I specifically requested the initial record associated with each SEVIS number in order to obtain details on the first education program instead of subsequent ones, and then used each student’s program start year as their year of entry.
Additionally, counting enrollments through SEVIS records might be wrong if one student has multiple SEVIS records, which typically happens when a student attends several U.S. education programs and receives one new SEVIS record for each program.
To understand this error possibility, I attended professional conferences and training
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workshops for school counselors who work with international students.8 I learned that schools typically inquire about students’ previous U.S. education, and they prefer to use an existing SEVIS number rather than making a new one. At the same time, students are often inclined to provide information on previous U.S. education to improve their chance of visa approval. The extent of this error is unmeasurable, but given practices to ensure consistent records, I believe that its magnitude is small.
Between 2001 and 2015, there were over six million new international enrollments at U.S. schools. Panel A in Figure 2.3 shows annual enrollments, which mostly increased steadily over time. A small number of origin countries and territories are dropped from the analysis because of missing data in the control variables (such as export and import data with the United States); however, the remaining 113 origin countries account for more than 95 percent of overall enrollments. As shown by the distance between the solid and dashed lines in Panel A, the proportion of missing data is less than five percent in any given year.
---FIGURE 2.3 HERE---
To create my dependent variable, enrollment flow, which is the annual number of international students coming from a given origin country to a U.S. state, I aggregate records by pairs of origin country and destination state over time. The resulting sample includes 5,763 enrollment flows (113 origin countries x 51 destination states, including
Washington D.C.) which are observed through a 15-year period.9 Although the overall trend in Panel A shows a steady increase in enrollments, there is much more fluctuation
8 These administrative staff are also called “international educators.” 9 The number of observation is 5,763 x 15 = 86,445 flow-years.
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when individual origin-destination flows are considered. Panel B of Figure 2.3 shows annual change to each of the 5,763 origin-destination flows. Between 2001 and 2008, most origin-destination flows of international students become larger. There were large drops in more than half of the origin-destination flows between 2008 and 2009, likely an effect of the global economic recession (Tsiligiris 2012). From 2010 onwards, most flows increased in size, yet a large proportion of flows also became smaller.
For subsequent analyses, I disaggregated total enrollments into eight subgroups based on degree types (Non-degree, Bachelor’s, Master’s, and Doctorate) and school’s prestige.10 I used a binary variable indicating high prestige, constructed from the
Carnegie Classifications (Indiana University Center for Postsecondary Research 2015). A school is considered high prestige if the test score (SAT or ACT) of its incoming freshmen belong to the 80th to 100th percentile of all baccalaureate institutions. High prestige schools include both private schools, e.g., Harvard University, and public ones, e.g., University of Illinois at Urbana-Champaign. More private schools (530) are classified as high prestige than public schools (133).
2.5.2 Independent variables
State Immigration Policies
10 Note that the number of observations for high prestige schools is smaller, because four U.S. states (Alaska, Idaho, Nevada, and West Virginia). The number of origin countries remain the same (113 countries). While there are more zero-enrollment flows among high prestige schools, the distribution of zero flows and non-zero flows viewed from the perspective of origin countries is similar across high and low prestige school. Non-zero flows are right-skewed, dominated by prominent sending countries such as China, India, and South Korea. Zero flows are more common among countries that send fewer international students overall. As the distributions of countries across four quadrants and across the overall population of U.S. international students are similar, it is unlikely that other mechanisms (such as racialization directed at a certain subset of students) are influencing the outcome.
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Two independent variables capture states’ immigration policies. First, I consider whether and when a state IEC is formally created. I obtained a list of all current consortia from the
U.S. Department of Commerce’s Export website,11 where all active IECs are indexed. I then contacted each consortium to find out exactly when the IEC was created. Using this information, I created a binary variable (1 = yes, 0 = no) for each state-year in which IEC is present.
Second, I created a binary variable reflecting whether and when OIL is enacted in a U.S state. I use data from the National Conference of State Legislature (NCSL 2016), which provides a comprehensive database for U.S. state laws and policies. The variable focuses on the state-year in which OIL is successfully enacted (1 = yes, 0 = no), and thus instances where OILs were proposed but failed to pass are considered zero.12
Control variables
To account for various non-policy factors13 known to influence international student enrollments, I include several control variables14 that reflect characteristics of origins and destinations that, just like policies, change over time.
11 https://2016.export.gov/industry/education/eg_main_022048.asp
12 In 2012, OILs were proposed in Kansas, Mississippi, Missouri, Rhode Island, and West Virginia, but none of these bills were enacted. 13 It is remotely possible that policies of the origin country, such as policies seeking to internationalize higher education and to retain domestic students, could have a negative impact on international student enrollment in the U.S. However, such policies have only appeared in in very recent years in a few countries (such as China, South Korea, Singapore). Studies to date have yet to document any effect of these policies on the number of out-going international students (e.g., see Sidhu et al. 2016). 14 My use of control variables is similar to economic studies where these variables are used to account for factors (other than the independent variables) that could influence the outcome (e.g., see Beine et al. 2014, Shih 2016). There are notable similarities between control variables and confounders, although they are not
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Destination tertiary enrollments. States might enroll more international students simply because of expanding educational capacity (Beine et al. 2014). To capture the changing capacity of states’ tertiary education, I use data from the Integrated
Postsecondary Education Data System (IPEDS) which detail the total number of students enrolled in each U.S. tertiary education institution annually. I aggregated these counts to the state level and created a continuous variable indicating the number of tertiary enrollments by state-year.
Destination unemployment rate. As discussed earlier, students may expect to work part-time while in school (Baas 2014; Raghuram 2013). Accordingly, they might gravitate towards states with more economic opportunities, such as states with lower unemployment rates. To capture this aspect, I used annual state unemployment rate data obtained from the U.S. Bureau of Labor Statistics.
Destination cost of living. International student enrollments might decrease when the cost of living at destinations becomes more expensive (Beine et al. 2014; Shields
2013; Shih 2016). To proxy changes in expected cost of living in each U.S. state over time, I construct a variable from per capita consumption expenditures data by state, which are collected by the U.S. Bureau of Labor Statistics. I included expenditures on both goods and services (such as rent and utilities), as these are the main expenditures for international students (Beine et al. 2014; Shields 2013; Shih 2016).
exactly the same (see Wunsch 2007 for a detailed discussion). In a nutshell, confounders are factors that might cause both the treatment (in this case, policy change) and the outcome (in this case, change in international student enrollment).
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Destination foreign-born population. Prior research suggests that international students tend to gravitate towards places with a stronger presence of immigrants (Beine et al. 2014; Shields 2013; Shih 2016) . As such, states having increasing proportions of foreign-born residents could become more attractive to international students. I constructed a variable capturing the percentage of foreign-born residents in each state population in each year from 2000 to 2014. For this, I used weighted microdata from the
American Community Surveys (ACS), which is harmonized and made available by the
Integrated Public-Use Microdata Series (IPUMS).
Destination population. All else being equal, state population growth could mean more economic and social opportunities for international students, and as such, enrollments could increase. A variable reflecting annual state population size is included in the model. This variable is constructed from ACS data, as described above.
Origin-U.S. import and export values. Trade linkages can foster educational or labor exchange (Mayda 2010; Shih 2016), and thus a stronger import and export relationship between an origin country and the U.S. might lead to increased enrollments from that origin country. I constructed two variables for origin countries’ annual import and export values with the U.S. The source data for these two variables are compiled by the U.S. Census Bureau and are made publicly available by Peter Schott (Schott 2008).
Origin Gross Domestic Product (GDP) per capita. Favorable changes in the origins’ economic conditions, such as higher GDP per capita, may enable more individuals to pursue international education (Beine et al. 2014; Bessey 2012; Shields
2013). Following current research, I use a variable reflecting expenditure-side real GDP, which captures real living standards and is a fitting indicator for whether people can
32
afford international education (Shih 2016). This variable is obtained from the Penn World
Tables (Feenstra, Inklaar, and Timmer 2013)
Origin tertiary-age population. As the analyses predict the number of international students, it needs to control for demographic changes that may change the number of eligible students (Bird and Turner 2014; Liu and Wang 2009; Kim and Cohen
2010). I constructed a variable reflecting annual counts of the college-aged (aged 18-30) population for each origin country. The source data for this variable come from the
UNESCO’s Institute for Statistics.15
Origin currency exchange rate to USD. Exchange rates can influence the cost of
U.S. higher education, such that the cost will be higher when exchange rate increases.
This might lead to a decline in international student enrollments for a particular year
(Shih 2016). I used a variable capturing annual exchange rates of various origins’ currencies relative to USD. This variable is also obtained from the Penn World Tables
(Feenstra, Inklaar, and Timmer 2013)
2.5.3 Model
To test the influence of state IECs and OILs on international student enrollments, I follow the gravity model approach (Greenwood 1997), which has become a staple in research seeking to measure the impact of push and pull factors on place-to-place migration flows
15 For more information, see http://www.uis.unesco.org/Education/Pages/international- standard-classification-of-education.aspx
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(e.g., Kim and Cohen 2010, Mayda 2005, Pedersen et al 2008, Beine et al 2012, Czaika and Parson 2017; Chort and Rupelle 2016).
Because my dependent variable is a count of international students that contains many true zeros and has substantial over-dispersion (variance larger than the mean), a negative binomial specification is preferred (Chort and Rupelle 2016; Nawrotzki and
DeWaard 2018; Silva and Tenreyro 2006). The negative binomial model is a generalization from the conventional Poisson model with a dispersion parameter theta,16 which absorbs possible bias caused by over-dispersion (Hilbe 2014, Cameron and Trivedi
2013). Fixed effects are also included to account for unobserved differences between specific origins and specific destinations (Allison 2009), including, for example, a country’s policies preventing students from leaving for international education. A dummy indicator for each year is included to account for common time shocks such as the 2007-
2009 Great Recession.
The negative binomial gravity model is formally written as follows:
ln(퐸 ) = 훽 + 훽 (퐼퐸퐶) + 훽 (푂퐼퐿) + 훽 푙푛(퐶표푛푡푟표푙푠)
+ 훽 푙푛(퐶표푛푡푟표푙푠) + 푢 + 푣 + 휏 + 휃
where 퐸 represents the count of international students from origin country o enrolled in U.S. destination state d at time t. The parameter 훽 represents the intercept, and two coefficients, 훽 and 훽 , show the influence of two state policies, IEC and OIL, on enrollments. The model also controls for time-varying characteristics of origin countries,
푙푛(퐶표푛푡푟표푙푠) , and for time-varying characteristics of U.S. states, 푙푛(퐶표푛푡푟표푙푠) .
16 In Stata 14.0, this parameter is called alpha.
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All control variables are log-transformed and lagged by one year. The parameters 푢 , 푣 , and 휏 represent fixed-effects for origins, destination, and time. Over-dispersion is accounted for by the dispersion parameter theta (휃 ). Finally, standard errors are clustered for origin-and-destination pairs (od) to adjust for serial correlation (Colin
Cameron and Miller 2015; Kim and Cohen 2010; Wooldridge 2003). Table 2.1 provides descriptive statistics for all variables used in the analysis.
---TABLE 2.1 HERE---
I confirm the robustness of the estimates in the above model by examining different model specifications. First, I consider generalized estimating equations (GEE), and estimated models with different correlation structures to ensure that the results are not biased due to the correlation structure assumed under the negative-binomial regression (Hardin and Hilbe 2003; Kim and Cohen 2010; Pedersen et al 2008). I report results from the most optimal structure based on quasi-likelihood information criterion
(QIC) (Cui 2007; Pan 2001). Second, a zero-inflated negative binomial (ZINB) model is used to determine if the large number of zeros in the dependent variable is generated by a separate underlying process from the non-zero values (e.g., see Moore and Shellman
2004). Third, as it is possible that the immigration policy effects might be driven by extremely large or small origin-destination enrollment flows, I run two separate negative binomial models: one for the top senders, which are origin countries that sent over 30,000
35
students in the entire 15-year period,17 and the other for remaining senders. The results, which I will discuss later, are remarkably stable across different specifications.
2.6 Results
To assess hypotheses H1 through H4, Table 2.2 display results for fixed effects negative binomial models of overall international student enrollment flows. In Model 1, I estimate the effects of IEC and OIL, controlled for other variables. Most control variables perform as expected, for example, every percent increase in state tertiary enrollments is associated with a 38.3% increase18 in international student enrollments in the next year. States with increased unemployment rates attract fewer international students. Growth in tertiary-age population at the origin country has a strong positive effect on enrollments. Presence of a foreign-born population is the only control variable that does not perform as expected, as gains in percentage of foreign-born population are associated with a large decline in enrollment.
Model 1 shows that IEC contributes an increase of 4% in enrollments,19 which is marginally significant at p<0.1. States that adopted OIL experience an average decline of
12.4% in international student enrollments,20 and this effect is statistically significant at p<0.01. Model 2 adds an interaction effect between IEC and OIL. The interaction effect
17 This top-sender group consists of 31 countries. By sending over 30,000 students, each of these origin countries contribute to over 0.5 percent of all international students in the United States. 18 38.3%=(1.383-1)*100 19 4%=(1.04-1)*100 20 -12.4%= (0.876-1)*100
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is not statistically significant, meaning that IEC does not offset the negative effect of
OIL.
---TABLE 2.2 HERE---
In Table 2.3, I display results from alternative specifications of Model 1. Model 3 is a GEE model with independent correlation structure, which has the best fit (lowest QIC value) compared to other correlation structures.21 Model 4 shows results only for the non- zero part of the ZINB model. The effect of OIL and IEC are consistent with the main model. In Model 5, I included fixed effects for pairs of origin countries and destination states. This approach takes up a lot of degrees of freedom by estimating 5,694 fixed- effects, and also causes 69 origin-destination pairs to drop out because of all zero outcomes. The estimates from Model 5, as such, are more conservative, but even so, a significant and negative effect of state OIL is confirmed.22
---TABLE 2.3 HERE---
I also perform the analysis on sub-groups of the samples to ensure that the effect is not driven by origin countries that send an extremely large or extremely small number of students. Model 5 and 6 have the same specification as Model 1, and they are estimated for two subsets of the sample: top senders and other senders. The numbers of observations in Model 5 and 6, as such, are smaller. The coefficients for OIL are
21 I compared QIC values with three other correlation structures: exchangeable, auto-correlated, and unstructured. Those results are not shown here. 22 As an additional sensitivity analysis, I also coded OIL back to zero to indicate instances when a law was retracted as a result of being legally challenged in court (Duara 2016). The results remains unchanged, which indicates that the adoption of OIL is probably the major event that triggers fear and causes international students to avoid a specific state. This is consistent with the outburst of international news coverage surrounding the announcement of OIL adoptions, which might make potential international students aware of (and worry about) their migrant status. The results from this analysis are shown in Appendix A1.
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consistent across different specifications, meaning that adoption of OIL is associated with a decline in enrollments that ranges from 11.5% to 12.5%. Similarly, IEC has a small, positive, and marginally significant effect across all models. Taken together, results in
Table 2.2 and 2.3 lend support to hypotheses H1, and to a lesser extent, H2.
In Table 2.4, I display the last set of results, in which specifications of Model 1
(the additive model) and Model 2 (the interaction model) are estimated separately for eight different subsets of international students, cross-classified by skill and prestige.
Only three coefficients of interest—state IEC, state OIL, and IEC-OIL interaction—are displayed. Panel A shows results for enrollments in high prestige schools, and Panel B for low prestige schools. Note that the number of observations for high prestige schools is smaller, because four U.S. states (Alaska, Idaho, Nevada, and West Virginia) do not have any students in high prestige schools, and therefore had to be dropped from the analysis.
The results indicate that state IEC has no independent effect on enrollments in high- prestige schools, while OIL has significant and negative effect on Bachelor’s enrollments
(r=0.849, p<0.01). Interactively, the presence of IEC only offsets the negative effect of
OIL on Bachelor’s enrollments. For non-degree student enrollments in high-prestige schools, state OIL has a negative effect (r=0.85, p<0.05) only when state IEC is absent.
Both state policies do not have any effect on enrollments in Master’s and Doctorate programs at high-prestige schools.
---TABLE 2.4 HERE---
In Panel B, the results indicate that state IEC has a positive and significant effect for enrollments in Master’s and Doctorate programs at low prestige schools (contributing a 9% and a 23.7% increase, respectively). State OIL has a large negative effect on
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Master’s student enrollments, estimated at a 30% decline. Interactively, state IEC and
OIL co-existence leads to significant declines in enrollments at prestigious non-degree and Doctorate programs. For these two groups, state IEC has a positive effect on enrollments only when OIL is absent (r=1.068, p<0.01 and r=1.237, p<0.001, respectively). The results partially confirm H4, such that non-degree enrollments in low prestige schools (Q4 in Figure 2.2) decline in the presence of OIL, but only when IEC is also present. Contrary to H5, enrollments of international students who are closer to the front door of immigration (Q2 and Q3) are also negatively associated with OIL.
2.7 Discussion
Harsh policies under the Trump presidency continue to spur debates about the spillover effects of anti-immigration policies in the United States—a country whose strengths have been and are still drawn from its diverse immigrant population (Bothwell 2018;
Wermund 2018). In this study, I examine a similar paradox among U.S. states, wherein two seemingly contradictory types of state immigration policies, one to deter undocumented immigration and the other to attract international students, have spread swiftly in the past two decades. To do so, I develop a framework for understanding “the side door of immigration,” which denotes the fluid space that international students occupy as temporary immigrants in the United States: they are desirable immigrants and are often encouraged to transition towards permanent immigration status, yet any visa violation will push them towards undocumented status. I argue that being at the migration side door for several years contributes to international students’ vulnerability, making them particularly susceptible to negative spillover effects from state anti-immigration policies.
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The side door framework helps clarify the mechanism through which spillover policy effects can ripple towards international student. At the same time, I also develop and test the null hypothesis of no spillover policy effects, which comes from the economic theories of immigrant selection. Using a unique set of data containing enrollment data in pairs of 113 origin countries and 51 U.S. destination states over a 15- year period, my analysis confirms that state OIL adoption has a negative effect on overall international student enrollments, bringing enrollment down by approximately 12%, compared to pre-OIL enrollments in the same state. State IEC has a small positive effect on enrollments, but this effect is not robust and not consistent across different model specifications. Further, I consider how the continuum of desirability operates within international student populations, hypothesizing that they could be closer or further from the front door of immigration based on two dimensions of their education: skill and prestige. As I divided students into four quadrants, with those in the fourth quadrant being students attending low-prestige schools and in non-degree programs, I test research hypotheses to examine whether this group, who are frequently suspected of being
“fraudulent” students, is more sensitive to OIL policy. The results indicate that enrollments of students in the fourth quadrant only decline when OIL is present and IEC is absent. Contrary to the expectation that “earnest” students, or those in the other three quadrants, have less to worry about regarding immigrant enforcement (Babones 2017), I find that the negative effect of state OIL implementation has a much broader reach, impacting even Master’s and Doctorate students in low prestige schools.
The “side door of immigration” framework developed in this study contributes to both research on spillover policy effects and research on immigrant selection. It connects
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the gap in two lines of research, by showing that desirability and legal status do not overlap and suggesting that desirability is better viewed as a continuum that stretches over the side door of immigration. The side door framework clarifies that immigrants occupying the side door for an extended time are vulnerable to the U.S. crimmigration complex (Stumpf 2006), an ever-expanding system seeking to criminalize immigrants and impose harsh punishments on them. At the same time, I also explore dimensions of the side door, which are further demarcated by skill and prestige, in an effort to connect the idea of spillover effect to the idea of immigrant selection. Results based on analyses of student sub-groups are concerning, as those in the fourth quadrant, i.e., students closest to the back door, are not the only group whose enrollments falter after state OIL adoption. This means that the reality of student-migrants’ lives is more complex than the two dimensions of skill and prestige. With respects to immigrant selection theories, it means that the underlying assumption of discrete categorization of immigrants should be reconsidered, so as to fully incorporate the experiences of people who hold an in-between legal status, like international students.
The current chapter provides the first empirical test to the idea that anti- immigration policy, in the form of OIL, has a negative spillover effect on international student enrollments. The results from my analysis confirm this negative spillover effect for overall international student enrollments. This lends some support to the current concern that anti-immigration policies might trigger economic losses (through the loss of international student enrollments) and undermine the international standing of American universities and colleges (which are still world-leading in international student enrollments, but by a smaller margin compared to previous years). The practical
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contribution of this study lies in clarifying this linkage and dispelling the notion that higher education is a privileged bubble, separated from the reality of harsh immigration policies. It forces us to realize that international students are student-migrants (Raghuram
2013) who also need to be protected from the pitfalls of anti-immigration sentiments and policies, such as through systemic legal counseling services. At the same time, American universities and colleges might also consider stepping out of their professional silos to weigh in against the expansion of anti-immigration policies.
The analysis has a number of limitations. First, there are unmeasurable errors in the data, as explained in section Five, but this error is likely small and inconsequential to the results. Second, the analysis measures outcome in enrollments, and not the process.
The underlying assumption is that potential international students know about state policies prior to enrollment. I choose to analyze state OILs because they received international coverage (Totenberg 2012), and thus are more likely to be known among potential international students. Further, potential students could know about U.S. state policies prior to coming, as research has shown that potential students are increasingly savvy and rely on the Internet to connect to existing students and immigrants at the destinations (McEwan and Sobre-Denton 2011; Ye 2006), therefore this assumption is not very far-fetch. Additionally, the split model between top senders and other senders shows that policy effects are similar between both groups, thus the effects are not driven by idiosyncratic events in an outlier origin country. Third, my use of fixed effects for country of origin means that it is not possible to understand whether and how international students from different origin countries (and thus, potentially different racial and ethnicity backgrounds) vary in their reactions to changes in U.S. state laws. To truly
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understand the interaction between race (and/or ethnicity) and “side-door” immigrant status, additional data are necessary. It would be inaccurate to equate origin countries
(country of citizenship) with races and ethnicities, as many countries are highly diverse in these regards. Finally, heterogeneity in the side door is captured by two measures of
“skill” and “prestige” at entry (enrollment). While the prevalence of students who intend to transfer into a different program soon after enrollment (Townsend 1995) remains unknown, the value of this analysis still holds in that it evaluates the relative attractiveness of each U.S. state as the initial point of migration.
In conclusion, this study highlights an important point: international students are people with a complex understanding of vulnerability. Simplistic categorization as authorized versus undocumented cannot capture how individuals feel and fear for their future as temporary immigrants in a climate that is increasingly hostile towards immigrants. Future research could take on a finer grain of analysis to further flesh out the mechanisms through which immigration policies affect international students, as well as other groups of temporary migrants. As the Trump administration pushes for harsh immigration practices even for naturalized U.S. citizens, such as prosecuting for denaturalization (Kopan 2018), it means that the side door might expand into and over take the front door. As this future draws close, it is crucial to take policy spillover effects seriously, and this study hopes to be a useful first step in that direction.
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Figure 2.1. The side door of immigration
Legal status
Asylum Low-skilled Students High-skilled seekers workers workers
Back door Side door Front door (Undocumented Immigrants) (Non-Immigrant Visitors) (Legal Permanent Residents)
Less desirable More desirable
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Figure 2.2. Heterogeneity among international students
High Prestige
Q2 Q1
Non-degree Bachelor's Master's Doctorate Low Skills High Skills
Q4 Q3
Low Prestige
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Figure 2.3. Changes in international student enrollments, 2001-2015 Panel A. Changes in number of enrollments over time
Panel B. Changes in enrollment flows over time
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Table 2.1. Descriptive statistics of variables used in analysis
Mean/ Percent SD Min Max Dependent variable Enrollment flows 70.54 519.70 0 38,862 Independent variables IEC 17.12 0 1 OIL 3.27 0 1 Controls Destination tertiary enrollments (log) 12.30 1.01 10.22 14.85 Destination unemployment rate (log) 1.90 0.29 1.19 2.69 Destination cost of living (log) 10.16 0.21 9.63 10.78 Destination % foreign-born (log) 2.13 0.59 0.76 3.37 Destination population (log) 15.08 1.04 13.07 17.47 Origin US import values (log) 20.93 2.77 11.32 26.87 Origin US export values (log) 20.92 2.18 15.30 26.47 Origin GDP per capita (log) 9.19 1.22 5.82 11.98 Origin tertiary-age population (log) 13.97 1.61 8.21 18.68 Origin currency exchange rate to USD (log) 3.11 2.51 0.24 9.96
Observations 86,445
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Table 2.2. Analyses of international student enrollments, 2001-2015
Model 1 Model 2 IEC 1.040+ 1.049* (0.023) (0.025) OIL 0.876*** 0.893* (0.035) (0.040) IEC x OIL 0.915 (0.059) Destination tertiary enrollments (log) 1.383** 1.379** (0.156) (0.156) Destination unemployment rate (log) 0.866** 0.872* (0.048) (0.049) Destination cost of living (log) 1.810+ 1.814+ (0.616) (0.618) Destination % foreign-born (log) 0.584*** 0.588*** (0.054) (0.054) Destination population (log) 3.107*** 3.127*** (0.755) (0.760) Origin US import values (log) 1.032** 1.032** (0.012) (0.012) Origin US export values (log) 0.974+ 0.974+ (0.015) (0.015) Origin GDP per capita (log) 1.290*** 1.290*** (0.043) (0.043) Origin tertiary-age population (log) 3.890*** 3.890*** (0.281) (0.280) Origin currency exchange rate to USD (log) 0.935* 0.935* (0.030) (0.030) Dispersion parameter (theta) 0.759*** 0.759*** (0.018) (0.018) Fixed destination effects (51 states) Yes Yes Fixed origin effects (113 countries) Yes Yes Fixed time effects (15 years) Yes Yes Observations 86,445 86,445 Pseudo R-squared 0.2095 0.2095 Notes: Negative binomial models, exponentiated coefficients, robust SE in parentheses +p<0.1; *p<0.05; **p<0.01; ***p<0.001
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Table 2.3. Alternative specifications for Model 1
Model 3 Model 4 Model 5 Model 6 Model 7 NB, fixed pairs NB, top NB, other GEE ZINB effects senders senders IEC 1.040+ 1.044+ 1.025** 1.015 1.059* (0.024) (0.023) (0.008) (0.040) (0.027) OIL 0.876** 0.880** 0.915*** 0.864* 0.890** (0.036) (0.035) (0.012) (0.060) (0.039) Destination tertiary enrollments (log) 1.383** 1.341** 1.196*** 1.369+ 1.339* (0.174) (0.151) (0.034) (0.255) (0.166) Destination unemployment rate (log) 0.866* 0.884* 1.002 1.003 0.819** (0.053) (0.049) (0.021) (0.089) (0.054) Destination cost of living (log) 1.810 1.960* 2.855*** 1.689 1.817 (0.658) (0.669) (0.181) (0.825) (0.778) Destination % foreign born (log) 0.584*** 0.581*** 0.888*** 0.592*** 0.600*** (0.057) (0.053) (0.015) (0.082) (0.068) Destination population (log) 3.107*** 3.327*** 1.072* 4.884*** 2.456** (0.805) (0.815) (0.029) (1.869) (0.725) Origin US import values (log) 1.032* 1.030* 1.096*** 1.285*** 1.005 (0.014) (0.012) (0.006) (0.051) (0.011) Origin US export values (log) 0.974 0.977 0.982*** 0.989 0.975 (0.017) (0.015) (0.004) (0.041) (0.015) Origin GDP per capita (log) 1.290*** 1.280*** 1.072*** 1.200* 1.267*** (0.048) (0.043) (0.010) (0.090) (0.049) Origin tertiary-age population (log) 3.890*** 3.898*** 1.070*** 3.961*** 4.186*** (0.321) (0.281) (0.007) (0.698) (0.318)
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Origin currency exchange rate to USD (log) 0.935+ 0.939+ 1.014*** 0.735*** 1.010 (0.032) (0.030) (0.003) (0.051) (0.036) Dispersion parameter (theta) 0.661*** 0.781*** (0.024) (0.023) Fixed destination effects Yes Yes Yes Yes (51 states) Fixed origin effects Yes Yes Yes Yes (113 countries) Fixed time effects (15 years) Yes Yes Yes Yes Yes Fixed origin-destination effects (5,694 Yes pairs)† Observations 86,445 86,445 85,410 23,715 62,730 Pseudo R-squared 0.1615 0.1611
Notes: GEE stands for generalized estimating equations, ZINB for zero-inflated negative binomial, NB stands for negative binomial. Results from the zero components of ZINB are not shown. †69 origin-destination pairs are dropped from the model because of all zero outcomes. Table displays exponentiated coefficients and robust SE in parentheses. +p<0.1; *p<0.05; **p<0.01; ***p<0.001
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Table 2.4. Analyses for subsets of international student enrollments Panel A. High prestige schools
Additive Models Interaction Models Non-degree Bachelor's Master's PhD Non-degree Bachelor's Master's PhD IEC 0.957 0.991 0.997 0.994 0.930 0.964 1.008 1.006 (0.043) (0.025) (0.025) (0.022) (0.044) (0.024) (0.026) (0.024) OIL 0.900 0.849** 0.912 1.026 0.850* 0.797*** 0.937 1.058 (0.066) (0.045) (0.046) (0.047) (0.066) (0.051) (0.054) (0.054) IEC x OIL 1.264 1.330** 0.885 0.883 (0.199) (0.120) (0.077) (0.071) Observations 79,665 79,665 79,665 79,665 79,665 79,665 79,665 79,665 Pseudo R-squared 0.2705 0.2493 0.3372 0.3578 0.2705 0.2493 0.3372 0.3579 Panel B. Low prestige schools
Additive Models Interaction Models Non-degree Bachelor's Master's PhD Non-degree Bachelor's Master's PhD IEC 1.045 0.955 1.098** 1.211*** 1.068** 0.951 1.090** 1.237*** (0.024) (0.026) (0.033) (0.053) (0.025) (0.027) (0.035) (0.058) OIL 0.934 0.937 0.714*** 0.930 0.985 0.926 0.696*** 0.988 (0.035) (0.050) (0.040) (0.060) (0.041) (0.057) (0.047) (0.071) IEC x OIL 0.789** 1.046 1.093 0.772* (0.062) (0.089) (0.102) (0.092) Observations 86,445 86,445 86,445 86,445 86,445 86,445 86,445 86,445 Pseudo R-squared 0.2402 0.2007 0.2652 0.3145 0.2403 0.2007 0.2652 0.3146 Notes: Negative binomial models which include control variables and fixed effects for origins, destinations, and time (not shown here). Tables display exponentiated coefficients and robust SE in parentheses. + p<0.10; * p<0.05; ** p<0.01; *** p<0.001
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Chapter 3. Ways of Staying: Immigrant Status of International Student-Stayers and Its Variations over Cohorts and Education Trajectories
3.1 Introduction
Studies of international student retention are limited by the short observation time-frame for which data are available. In the United States, research typically relies on visa transitions after graduation to understand retention up to five years after graduation (Finn
2014; Ruiz 2017; Ruiz and Budiman 2018). Long-term outcomes for international students, particularly their transitions into more permanent migration statuses, remain a black box.
In this chapter, I examine the characteristics of stayers,23 i.e., international students who stay and become part of the United States workforce, to shed some light on their long-term migration outcomes. I focus on the composition of stayers’ with respect to migration status (hereafter, status composition), asking whether stayers are retained in the
United States predominantly in temporary, legal permanent resident (LPR), or naturalized
U.S. citizenship status. I also consider how status composition varies across two elements: broader changes in U.S. immigration policy context and the educational trajectories of student-stayers. In the process, I connect research on LPR transition and naturalization in the United States with a life-course perspective on migration (Conway
1980; Elder 1995, 1994; Paul 2011), to generate new concepts and hypotheses for understanding long-term migration outcomes. These results lay the groundwork for further examining the underlying selection processes (Chiswick and Miller 2009; Massey
23 In this chapter, I will use the term “stayers” and “student-stayers” interchangeably.
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2016; Massey and España 1987; Walsh 2011) that retain and sort student-stayers into different migration statuses. These insights are crucial to move the sociology of migration towards a nuanced understanding of the varied pathways through which temporary immigrants transition into permanent settlement in the United States. These insights also elucidate the impact of immigration policies, in that immigrants do not simply respond to restrictive policy changes by leaving a location, but also by transitioning towards permanent immigrant status in a shorter timeframe.
Migration status is a crucial element for international student retention. As I discussed in Chapter 2, students entering the United States through the side-door must switch into a different migration status (e.g., workers) to stay after graduation. The primary channel for students to become workers in the United States is the H1-B visa, which—like a student visa—is temporary. Those who desire to migrate permanently must gain admission through the front door of LPR status, and subsequently, naturalized U.S. citizenship, which confers full social and political rights.
Importantly, the meaning of each migration status might be driven by broader changes in the national policy context. Naturalized citizenship is considered a commitment to become a permanent member of the society with full social and political rights and responsibilities; yet it can also become a “defensive” strategy in volatile times
(Ong 2010). As immigration policy in the United States in the past two decades took a turn towards harsh enforcement, relying on criminalizing non-citizens and denying them due legal process, naturalization rates among vulnerable immigrant groups rose sharply
(Massey and Pren 2012b; Passel 2007).
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I propose that one way to examine the changing meaning of migration status relative to the national policy context is to consider how status composition varies by the timing of first entry, or variation by entry cohort (Elder 1975; Ryder 1965). The life- course perspective suggests that life events are connected, such that the timing and quality of one experience can shape later life transitions and outcomes (Ryder 1965).
Stayers’ experience of policy context at entry could thus impact their long-term migration status. For example, stayers experiencing more restrictive policy contexts at entry could be more likely to have LPR status and naturalized citizenship as a defensive move.
In addition to studying expression of policy changes through cohort variations, I also consider how students, as active agents (Bakewell, Haas, and Kubal 2012), negotiate their migration experiences. Drawing on the theory of stepwise migration (Conway 1980;
Paul 2011), which suggests that immigrants develop unique trajectories—comprised of multiple steps—to get to their desired destinations, I understand expressions of agency through variations in migration status by trajectories. Perhaps the most common image of a student-stayer is one who moves through a lockstep of education-graduation- employment, but this is not the only possible trajectory. Some students deepen their connection to the United States by earning multiple degrees or by starting with a lower degree, such as a high school diploma. Others come as young people with their families, another way of anchoring a stronger attachment to the United States. Still others begin, but do not complete, a degree in the United States, and return later for employment. In examining the presence of trajectories, especially the less familiar ones, this chapter expands current research on international student migration to a broader expression of staying.
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Using a nationally-representative sample of U.S. scientists and engineers from the restricted-licensed Scientists and Engineers Statistical Data System (SESTAT) data, I examine the status composition of stayers who belong to four different entry cohorts.
Entry cohorts are defined around three key policies that dramatically altered the United
States’ immigration enforcement landscape: the 1986 Immigration Reform and Control
Act (IRCA), the 1996 Illegal Immigration Reform and Immigrant Responsibility Act
(IIRIRA), and the 2002 Homeland Security Act (HSA) (De Genova and Peutz 2010;
Hernandez 2005; Massey and Pren 2012b). In essence, each subsequent entry cohort experienced a more enforcement-focused (or more restrictive) policy context.
Results from logistic regressions indicate that the probability of holding LPR status is much higher among stayers in the 1997-2002 and the post-2002 cohorts, compared to the pre-1986 cohort. The same relationship does not hold for naturalization, such that the probability of naturalization does not differ significantly across entry cohorts. Further, in considering the impact of historical policy change (which is known as a “period” effect in the life-course literature (Elder 1995; Ryder 1965)), I estimate an interaction effect between entry cohorts and number of years since entry, and find that stayers from the two most recent cohorts tend to become LPR sooner (i.e., fewer years after entry). This suggests that LPR becomes a pre-requisite status for stayers in the latter two cohorts. In the sections that follow, I will further discuss the differences between the processes leading to LPR status and naturalization to help contextualize these findings.
With respects to elements of education trajectories, I identify a sizable proportion of stayers who divert from the common trajectory. Those with a “circular” trajectory, entering the United States as students but obtaining their degrees elsewhere, make up the
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largest proportion of stayers in the post-2002 entry cohorts. These circular stayers are also more likely to have LPR status. Another type of stayers, “adjusted” ones who enter with non-student temporary visas and then change to student’s visas to pursue U.S. education, have the highest propensity to naturalize. These results help understand the underlying selection mechanisms that cumulate under the broader U.S. policy contexts.
Contrary to the common wisdom that U.S.-educated foreign talents are the most desirable
(e.g., see Obama 2014; Redden 2014), the current policy environment appears to favor
“circular” stayers without a U.S. degree. The policy contexts also seem to attract more
“Adjusted” stayers, who express the most agentic trajectories to pursue U.S. education, as they are the most likely to naturalize.
3.2 Backgrounds and Literature Review
This chapter moves the literature beyond an analysis of direct selection mechanisms, such as a point-based policy for selecting the “best” immigrants (Chiswick and Miller 2009), to focus on more indirect, yet potentially equally powerful, policies. I focus on changes in
U.S. national approaches towards immigration since 1965, which encompass the devolution of policies towards a crimmigration strategy (Beckett and Evans 2015; Stumpf
2008). A key feature of the crimmigration regime is that it imposes a threat of deportation on all non-citizens who are marked with a criminal record. As I have argued in Chapter 2, this threat of deportation, coupled with the lack of legal protection24, might evoke a unique sense of vulnerability among international students who enter the United States
24 Immigrants themselves have few legal protections because due process and many legal provisions available in the U.S. criminal justice system do not apply to non-citizens (Hernandez 2005).
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via the side door and thus hold an in-between legal status. I examine whether that vulnerability translates into student-stayers’ choices concerning their status transitions in the United States. Specifically, I consider whether these increasingly punitive migration policies are associated with an increase in student-stayers becoming LPRs or naturalized citizens.
3.2.1 Staying after graduation: Processes and challenges
As I briefly discussed in the Introduction and in Chapter 2, the United States does not offer an official channel to streamline international students towards more permanent migration statuses after graduation (Riaño, Van Mol, et al. 2018; Ruiz 2001). The pathway to staying after graduation is thus fraught with uncertainty. Broadly, stayers can have three types of migration statuses: a temporary worker (H1-B) visa, LPR status, or naturalized U.S. citizenship. These statuses are inter-dependent, such that one is required to transition to another. However, individuals can also remain in one status and not making the transition.
The temporary skilled worker visa (H1-B) is considered the logical next step for student-stayers (Lowell and Avato 2014; Martin, Lowell, and Martin 2001; Ruiz 2001), although the majority of H1-B visas are given to workers coming from outside the United
States, i.e., those without U.S. qualifications (Ruiz 2013). To add to this complexity, there is an annual cap25 for H1-B visas, which means that if the number of applications exceeds the cap, eligible students must enter a lottery (e.e., see Peri, Shih, and Sparber
25 The current cap is 65,000 visas plus 20,000 visas for those with advanced degrees. This cap has been adjusted over time, and it was the highest (at 195,000 visas) in 2001, 2002, and 2003. H-1B workers in the public and not-for-profit sector (such as in a not-for-profit university) are not limited by this cap.
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2015). The H1-B visa confers a temporary migration status for up to 6 years,26 with the condition that the migrant must not switch employer. An individual might apply for a new H1-B visa, which means they have to repeat the same steps above.
Those on H1-B visas can obtain LPR status when their employers sponsor their
LPR applications. This process is even more arduous than H1-B visas application, as it is regulated by an overall ceiling and a per-country ceiling designed to prevent the monopolization of immigrants from major sending countries in the LPR pool (Argueta
2016). The average wait-time for LPR applications is estimated at 4.3 years in 2010
(Jasso et al. 2010), and it can stretch up to 10 years for applicants originating from countries with high volume of LPR applications, such as China and India (Herbst 2009;
Li and Lo 2012). Those with LPR status can stay up to 10 years, and the LPR status can be easily renewed once expired.
The steps from LPR to naturalization are much more straightforward for skilled immigrants. They only need to satisfy a minimum stay requirement and pass a naturalization test (North 1987).The minimum stay requirement is typically 5 years, and it can be shortened to 3 years for LPRs who are spouses of U.S. citizens, and to one year for those who serve in the United States’ army. The naturalization process takes about 2 years, and as such, prior research has used a typical length of 7 years to establish eligibility for naturalization (Chiswick and Miller 2009; Jones-Correa 2006). For student-stayers, the typical length of their respective education programs can be used confirm their initial status as side-door immigrants.
26H1-B is valid for 3 years and renewable for 3 additional years. Renewals does not count towards the H1- B caps, thus there is less uncertainty in renewals.
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As the transition from temporary status to LPR is more uncertain, students might have to leave because they cannot obtain sponsorship for a H1-B visa or LPR status. In contrast, the transition from LPR status to naturalization is not instrumentally required27 for staying. As such, in this chapter, I will examine the two transitions separately and attend to this difference when interpreting the results. The transition from LPR to naturalization can be understood largely as a choice, while the transition from temporary status to LPR reflects a combination of choice and constraints. Thus, the status composition of LPRs and temporary visas among student-stayers reflect the aggregate combination of leavers and stayers, among which stayers could be sorted into LPR status either because of their choices or because LPR becomes the only way to stay.
3.2.2 Immigration enforcement policy and its impact on permanent migration outcomes
Scholars generally agree that the Immigration and Naturalization Act of 1965 marked a radical break from prior U.S. immigration policies, by abolishing the national-origin quota and creating new preference systems such as employment for new immigrants
(Hollifield, Hunt, and Tichenor 2008; Jasso and Rosenzweig 1990). The year 1965 also marked the sudden termination of the Bracero Program, which had been an important channel that streamlined temporary labor migration between Mexico and the United
27 By “instrumentally required,” I mean the law does not require naturalization. It does not refer to the instrumental value of citizenship, for example, some immigrants, given their circumstances, might think that naturalization is instrumental to their well-being as an immigrant in the United States (e.g., see Ong 2010).
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States, thus creating a large undocumented immigrant population (Massey and Pren
2012b).
Against this backdrop, three important policies were adopted in the post-1965 era, and they cumulated into the enforcement-focus immigration policy regime that we witness today in the United States. First, the passage of IRCA in 1986 laid the foundation for immigration enforcement (Massey and Pren 2012b; Meissner et al. 2013). IRCA was designed to solve the problem of unlawful immigration following the sudden termination of the Bracero Program in 1965. IRCA had three interrelated provisions: it made the hiring of unauthorized workers a crime for the first time in U.S. history, called for strengthened border enforcement, and provided for naturalization for a large share of the unauthorized immigrant population. Under the broad category of border enforcement,
IRCA contained a provision requiring the United States’ Attorney General to deport noncitizens convicted of removable offenses as quickly as possible. This set in motion the practice of targeting immigrants who commit crimes and expanded the range of policing practices (Abrego et al. 2017).
In 1996, IIRIRA was enacted, and it ratcheted up the punitive aspects of U.S. immigration laws. Specifically, it expanded the list of crimes that make immigrants deportable, stripped rights to due process from immigrants with criminal records and from immigrants apprehended within 100 miles of the border, and, most importantly, authorized the 287(g) program, paving the way for state and local authorities to enforce immigration law (Abrego et al. 2017; Juarez, Gomez-Aguinaga, and Bettez 2018; Valdez,
Coleman, and Amna 2016). With this move, immigrant enforcement practices expanded
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beyond the border and border-crossing to impact the daily life of immigrants in the
United States (Wong 2012).
These policy developments came to the forefront after the terrorist attacks of
September 11, 2001. Shortly after these attacks, the Homeland Security Act (HSA) was passed in 2002, which created the Department of Homeland Security (DHS) and increased funding for surveillance and deportation of foreigners. With the creation of
DHS, funding for immigration enforcement increased dramatically, which translated into the creation of a complex apparatus for targeting, detaining, and deporting immigrants over the next decade (see Stumpf 2006). As policy quickly evolves into “hyper- enforcement” (Longazel 2013), immigrants and their families experience a constant state of fear stemming from the risk that they could be targeted for detention and deportation for an expansive list of crimes, many of which would be considered minor for native- born Americans (De Genova and Peutz 2010; Stumpf 2006).
In the post-1965 era, the adoption of each of these three policies represent key historical events that altered immigration policy contexts that student-stayers encountered when entering the United States. Drawing from the life course perspective (Elder 1975;
Ryder 1965), the idea of a cohort suggests that individuals who experience shared temporal experience, such as entering the country in the same year, will have similar long-term migration outcomes. Considering stayers in four entry cohorts before and after each policy adoption, we might expect each cohort to have a distinct experience as immigrants in the United States. Prior to 1986, immigration enforcement has not yet been so strongly linked to criminal enforcement; thus, student-stayers do not experience fear associated with immigration enforcement and its consequences. With each subsequent
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cohort, immigrant enforcement became harsher and assumed a more regular presence in immigrants’ daily lives (De Genova and Peutz 2010; Longazel 2013). As such, those in latter cohorts likely experience more fear and uncertainty while pursuing education in the
United States.
With respect to long-term migration outcomes like naturalization, research on
“defensive naturalization” suggests that hyper-enforcement policies make immigrants more likely to seek a permanent status that would give them social and political protection (Ong 2010). For some, such as Latin American immigrants, the risk of racialized enforcement compels them to naturalize, as citizenship provides important protections like due legal process. Not surprisingly, naturalization rates among Latin
American immigrants have risen sharply since the 2000s (Massey and Pren 2012b; Passel
2007). Applying a similar logic to student-stayers, entering the United States in more recent years might mean that permanent status, such as LPR, provides important assurance to alleviate the fear that stems from hyper-enforcement. If those who stay need
LPR status,28 the overall status composition will comprise of less temporary visas and more LPRs. In my analysis, I thus expect that student-stayers in more recent cohorts are retained predominantly with LPR status rather than temporary status. The same perspective would predict that stayers from more recent entry cohorts are more likely to naturalize, as well.
Beyond entry cohorts, life-course research also considers two related expressions of time: age and period (Elder 1975). With respects to migration, “age” is analogous to
28 This implies that those who cannot obtain LPR status will be more inclined to leave. The analysis cannot compare stayers and leavers, but it can assess the aggregated phenomenon based on the experience of stayers.
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immigrant’s length of stay, which is typically measured by the number of years since entry (Jones-Correa 2006; Van Hook, Brown, and Bean 2006). Prior research on immigrant incorporation suggests that immigrants who have been in the United States longer become more connected to the country, which can translate to a higher probability of obtaining LPR or citizenship (e.g., see Jones-Correa 2006). As such, stayers who accumulate more years since entry will be more likely to have LPR and naturalization status.
At the same time, life-course research suggests that period effect, which denotes the impact of historical changes on individuals, can be estimated as an interaction effect between the other two elements, cohort and age (Keyes et al. 2010; Luo 2015; Ryder
1965). Accordingly, in this chapter, I suggest that the impact of historical changes in U.S. immigration policies on migration outcomes can be understood as the variations in the degree to which entry cohorts and years since entry are moderated by each other (Luo
2015). Drawing from the discussion of “defensive naturalization” above, an expression of defensive status change is that student-stayers will obtain permanent migration status as soon as they become eligible for it. Thus, I expect that length of stay will have a larger effect on LPR and naturalization among the more recent entry cohorts, compared to the pre-1986 cohorts.
Beyond the instrumental explanations for LPR and naturalization as a protective status for stayers to remain in the United States without fear, as discussed above, prior research also suggests that naturalization is a different step that requires a sense of belonging and a strong commitment for long-term stay (Bloemraad 2006b, 2002; Van
Hook et al. 2006). Naturalization is thus less desirable for those coming from countries
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that do not allow dual citizenship, which means the immigrants must formally give up their original citizenships (Jones-Correa 2006; Yang 1994). Considering the effect of the policy context, scholars find that the United States’ singular focus on enforcement sends an ambiguous message to immigrants about their desirability as new citizens, which explains low naturalization rate in the United States since the early 20th century
(Bloemraad 2006). Contrary to “defensive naturalization” research (Ong 2010), this perspective implies that those who enter in hyper-enforcement policy contexts are even less likely to naturalize. As such, among those eligible for naturalization, stayers from the more recent entry cohorts are less likely to acquire naturalized U.S. citizenships.
3.2.3 Variations in education trajectories
Research on the international student post-graduation retention (Lesleyanne Hawthorne
2010; Robertson 2013) often evoke an image of an individual who moves through a lockstep of education-graduation-employment in order to stay. I call this a “Common trajectory.”
Given great uncertainty embedded in the process, which I described in Section
2.1, students develop strategies to enhance their chance at migration. The theory of stepwise migration (Conway 1980; Paul 2011) suggests that immigrants can forge their unique trajectories so as to reach their desire destinations. This includes taking additional steps, as each step helps an immigrant gain resources, or capital, in many forms: information, networks, financial resources, experience, etc. Extending this framework to student-stayers, it means there are possible alternatives beyond the Common trajectory.
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Limited findings from existing research provide an idea of how an alternative trajectory may look like. Some studies find that students can take a “roundabout” route to education, for example, by trying out different destination countries before settling in one
(Brooks and Waters 2009; Waters 2007). In the United States, non-degree programs, such as intensive English training, enable students to take this route and to experience the U.S. higher education context even before applying for admission into American universities and colleges. These programs have the most impressive growth in the past decade, as enrollments in non-degree programs moved up by over 8,000 percent between 2002 and
2012 (N. Ruiz 2014). Further, some studies note cases of “astronaut households,” where parents migrate so that their children can obtain an education in the host country (Ley
2013; Tsong and Liu 2009; Waters 2002).29 This strategy might work for dependent spouses as well, though its prevalence among spouses has not received attention from either researchers or the popular media.
From these findings, I suggest that there are at least two additional trajectories, which can be identified through a combination of visas and education history. I use the term “Circular trajectory” to refer to the “roundabout” routes. On this trajectory, stayers begin with a U.S. student’s visa, but ultimately obtain higher education degrees elsewhere before returning to the United States for employment. The other trajectory is called “Adjusted,” and it captures the experiences similar to those of children and spouse in “astronaut households.” Individuals in this group enter with a temporary visa for dependents, and then switch to student visas to pursue education. Note that it is possible
29 Only those who attend schools while holding temporary visas are considered international students. In my identification strategy (Section 3.1), I explain how to distinguish this group in the data.
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to adjust from a temporary work visa to a student’s visa as well; however, there is no prior research on this type of status adjustment.
My analysis will consider whether and how individuals with these two uncommon trajectories have different LPR and naturalization outcome. Due to the absent of prior research, my hypotheses in this Section are exploratory and lean towards instrumental explanations based on the characteristics of each trajectory. For Circular stayers who do not have U.S. qualification, I expect that they will have a harder time fitting in the narrative of a desirable skilled immigrants who have both the required qualification and cultural immersion in the United States (Redden 2014). As such, stayers with a Circular trajectory would be less likely to be retained as LPR, compared to those having a
Common trajectory. At the same time, Circular stayers might have other options outside of the United States, and therefore stayers with a Circular trajectory would be less likely to become naturalized citizens. For Adjusted stayers who have more resources to facilitate the transition towards permanent migration, including the possibility that they would also become LPR if their parents or spouses get it, I expect that stayers with an
Adjusted trajectory are more likely to be retained with LPR status. At the same time,
Adjusted stayers likely have family members in the United States, which is an expression of strong commitment and connection. As such, I expect that stayers on an Adjusted trajectory would be more likely to become U.S. citizens.
On top of the three trajectories, qualitative findings in international student research, albeit limited, confirm that students also try to increase their chances for long- term migration by obtaining several U.S. degrees (Knight 2012; Pang and Appleton
2004) or by starting at a lower level, such as high school (Institute of International
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Education (IIE) 2017; Marklein 2014) to deepen their social connections in the United
States. I expect that these elements impact permanent migration outcomes: those who have more than one U.S. degree and those who start with a U.S. high school degree are more likely to be retained as LPRs. Further, as these elements also increase stayers’ social and cultural connection with the United States, I expect that among those eligible for naturalization, stayers who have more than one U.S. degree, and stayers who start with a U.S. high school degree are more likely to become naturalized citizens.
3.3 Data and Method
3.3.1 Data
To consider the expectations described above, I use data from the National Science
Foundation’s (NSF) SESTAT database. SESTAT is an integrated data system that combines data from the National Survey of College Graduates (NSCG), the National
Survey of Recent College Graduates, and the Survey of Doctorate Recipients. The data are integrated, and weights are adjusted by SESTAT to represent the U.S. science and engineering workforce. Pooling data from three waves of SESTAT, including the 2003,
2010, and 2013 surveys, I created a nationally representative sample of the science and engineering workforce in the United States in the 2003-2013 period. SESTAT participants have all received at least a bachelor’s degree and have at least one degree in science and engineering or are working in a science and engineering occupation
(including those whose degree are not in science and engineering). From this, I identify a sub-sample of student-stayers (discussed further in Section 3.2) for the analysis.
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Consistent to prior research which indicate that international students are a rare population who are difficult to capture in national surveys (King and Raghuram 2013), the sub-sample is small (N=9,778) relative to the overall pooled SESTAT sample
(N=140,117).
I treat the data as repeated cross-sections, although some respondents appear in more than one wave of data. SESTAT uses a rotating panel design, which means that about two-thirds of all respondents in one wave are retained into the next wave, but about one-third of respondents are dropped and new replacement respondents are added (Fecso and Phelps 2007; Finamore et al. 2011). Given this sampling design, I only keep the first observation for individuals who appear more than once in the data. As my main predictors are based on retrospective information about visa and education history, which do not vary across survey waves, it does not matter which instance is kept.30 I also deflate the weights to reflect the pooled data and adjusted the weight in each wave according to its sample size relative to the other waves.
Finally, as student-stayers are a small subset of the SESTAT sample, I use the sub-population estimate option in Stata to retain SESTAT’s complex sampling design, which incorporates multiple sampling frames through the rotating panel method. Sub- population estimates increase the accuracy of variance estimations, thus creating more robust standard errors (Kreuter and Valliant 2007).
30 As an aside, other studies focusing on time-sensitive information such as wages used a random selection mechanism to select one observation out of the multiple responses, e.g., see Sassler et al. 2017.
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3.3.2 Method for identifying student-stayers
Following research on international student migration (Lesleyanne Hawthorne 2010;
King and Raghuram 2013; Robertson 2013; N. Ruiz 2014), I define international students as individuals who pursue U.S. education while on temporary visas. My identification strategy therefore ensures that those who are identified as student-stayers spend all or at least some of their study duration in temporary immigrant status. Using information on visa and education history, the identification strategy also distinguishes stayers based on three distinct education trajectories that I discussed earlier in Section 2.3.
To this end, I use retrospective information of education and visa histories available in the SESTAT data to identify student-stayers. Because SESTAT does not ask about the timing of naturalization, it is not possible to confirm that the respondents attend and complete schooling before obtaining citizenship. This missing variable will bias the identification strategy towards over-identification of student-stayers, for example, individuals who enter with a student’s visa could naturalize via marriage before enrolling for their first U.S. degrees. For those on an adjusted trajectory, the risk of over- identification is even higher, as dependent children and spouses could naturalize as soon as their family members do. Further, as SESTAT only asks about the year in which a degree is granted, and not when the respondents start enrolling in school to pursue that degree. This exacerbates the uncertainty in mapping the time of transitioning to LPR status and the start of one’s education.
To overcome these limitations, I generated a “typical duration” for each degree type. This typical duration is estimated as 5 years for Bachelor’s degrees, 3 years for
Master’s degrees, 8 years for Doctorate and Professional degree, and 4 years for High
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school and Other degrees. These numbers are estimated based on the average time to completion for each degree type in the United States (National Center of Education
Statistics 2014; Sykes 2011). If a naturalized citizen entered with a student’s visa and completed their first U.S. degree within this typical duration, they are flagged as student- stayers. Otherwise, they are not flagged as stayers.31 For LPR respondents, the typical duration is used to calculate a start-year for their first U.S. degree. LPR respondents who obtain LPR status before the calculated start-year will also be dropped from the sample.
Using typical duration as a condition for identification errs on the conservative side, as I will likely underestimate the number of student-stayers by dropping those who take a longer time to complete their first U.S. degree. In the reverse direction, those who complete their degree sooner (e.g., one or two years) could not complete the lengthy LPR and naturalization process within that timeframe. As such, overestimation is unlikely.
It is important to note that the above identification strategy does not simply drop all stayers who take longer than the typical duration to complete their respective degrees.
Respondents who take longer than the typical duration to complete their degree and who remain temporary visa-holders at the time of survey are included in the sample. The dropping strategy serves to remove individuals who are likely not student-stayers, for example, children and spouses who attend U.S. schools while waiting for their LPR family sponsorship to become effective. Nevertheless, some genuine student-stayers
31 I verified the accuracy of this identification strategy by checking with a different dataset, which is the restricted-use National Survey of College Graduates (NSCG) 2015 linked with the original ACS (only available in the Census Research Data Center). By linking the two surveys, I can link the ACS question on timing of naturalization to each respondent. I find that this strategy is mostly consistent, such that very few respondents are misidentified (such that they naturalize way before completing the first U.S. degree). The misidentification rate is lower than 0.05%. As the NSCG 2003-2013 and 2015 have the same set of questions and administration procedures; it provides some assurance that the use of typical duration is appropriate.
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could be missed, particularly doctoral international students who take longer than 8 years to complete their degrees. Student-stayers whose first Doctorate degrees are outside
Physical Sciences, Engineering, Life Sciences, and Social Sciences are likely overrepresented among those who are dropped, as the NSF has reported that their median time-to-degree is over 9 years (NSF 2009). Given that the SESTAT sample is representative of U.S. scientists and engineers though, these cases would be rare. Those who take longer to complete their degrees must also be able to renew their legal paperwork, and more importantly, to provide proof of resources for their continued legal stay in the United States. Thus, those not captured in my sample would also have to be relatively wealthy.
Specifically, I identify stayers as those who enter with a student’s visa and those who enter with other temporary visa but acquiring U.S. degree(s) while on temporary status. I use five variables to identify student-stayers in the SESTAT sample. First, to capture individuals who enter the United States with a temporary visa status, I use a variable indicating type of the first visa, which distinguishes between student’s visa, temporary work visa, and temporary dependent visa (e.g., F-2 visas are for dependent spouse or children of a F-1 student’s visa-holder). Second, using a set of variables capturing the location (us or non-us location) of the schools granting the respondent’s various degrees, I determine if the respondent ever obtained a U.S. degree (including high school). Third, with respects to the missing time of naturalization and missing degree start time, which I discussed in the earlier paragraph, I use three additional variables to filter out stayers who do not fit the typical duration condition: (1) current immigration status; (2) timing of LPR transition and (3) the duration between first entry and
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completion of first U.S. degree. Naturalized respondents who took more years than the typical degree to obtain their first U.S. degrees are dropped from the sample. For LPR respondents, those who become LPR before finishing their first U.S. degrees are also dropped from the sample.
I identified student-stayers according to the three education trajectories, which I described in Section 2.3. “Common” stayers are those who enter with a student’s visa and obtain at least one U.S. degree in the process. The typical duration condition, which I described earlier, is used to drop LPR and naturalized respondents who likely transition before starting school. For example, if a naturalized respondent reports taking 6 years between entry and completion of their first Bachelor’s degree, they are dropped from the sample. If one is currently holding a temporary visa, the typical duration condition is not necessary, because they must have completed school while on temporary status.
Respondents in the second group, “Circular” stayers also enter with a student’s visa, but do not have any U.S. degree in their education history. Because they do not have
U.S. qualification, the typical duration condition is not applied to this group. Finally,
“Adjusted” stayers consist of respondents who enter with other temporary visas, including temporary work visa and dependent’s visa. They have at least one U.S. degree, and the condition of typical degree duration is applied to drop certain naturalized and
LPR respondents in this group, similar to the previous discussion of “Common” stayers.
3.3.3 Statistical analyses
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With student-stayers in each of the three education trajectories identified, I perform two sets of analyses to examine whether and how entry cohorts and trajectories are related to permanent migration outcomes. I use logistic regressions to predict two outcomes: LPR status (relative to temporary status), and naturalization (relative to LPR status). As I have discussed earlier, the transitions across three statuses are inter-dependent, such that it is impossible for one to go from temporary visa to naturalized citizenship without spending some time as LPR. Therefore, it is only appropriate to contrast the relative outcomes in two separate analyses.
Following prior research on naturalization (e.g., see Yang 1984), I use logistic regression with the following form:
푝 ln = 훼 + 훽 퐶표ℎ표푟푡 + 훽 푌푒푎푟푠 푠푖푛푐푒 푒푛푡푟푦 + 훽 푇푟푎푗푒푐푡표푟푖푒푠 + 훽 퐶표푛푡푟표푙푠 1− 푝